There’s nothing scarier than facing deportation. But no matter what the circumstances are, you still have a right to a defense. With that said, though, everything needs to be tailored to your particular situation. Our deportation defense team at Maison Law Immigration Lawyers will be there to support you. Set up a free consultation today.
7 Deportation Defenses That Can Help Your Case
It might not feel like it, but when you’ve been given Notice to Appear (NTA) before an immigration court that’s brought removal proceedings up against you, there’s a few different ways you can defend yourself:
- Cancellation of removal. If you’re facing deportation, cancellation of removal may give you a way to ask the immigration judge to let you stay in the United States. If the judge grants it, you may be able to remain here and, depending on the case, get a green card.
- Adjustment of status. This is another option that may allow you to get a green card without leaving the United States. If you’re already in removal proceedings, we can look at whether you have a path to adjust your status and ask the immigration court to let you stay.
- Deportation waiver. Sometimes there’s an immigration issue that could lead to your deportation. A waiver gives you a way to ask the government to forgive that particular issue. If the waiver is approved, you may be able to keep moving forward with your immigration case instead of being deported.
- Being granted asylum. If you’re afraid to return to your home country because you believe you’ll be persecuted, asylum may give you a way to fight your deportation. If your asylum case is approved, you can remain in the country instead of being sent back to a place where you’re afraid for your safety.
- Withholding of removal. This may protect you from being sent back to a country where you would face serious harm or persecution. It can stop your removal to that country, although it doesn’t give you the same immigration status that asylum does.
- Suspension of removal. You may come across suspension of removal when looking at an older immigration case. It was an older form of protection from deportation that was replaced by cancellation of removal, so it generally comes up when we’re dealing with older cases or immigration records.
- Voluntary departure. This is basically an option to leave the United States on your own instead of having a formal deportation order entered against you. It may not be what you were hoping for, but in some cases, it can be a better option than being formally removed from the country.
Obviously, the best strategy for you depends on your situation and what you’re up against with deportation. But considering that your life here in the country is at stake, it’s worth understanding the details and circumstances of why it’s happening in the first place.
Why Am I in Removal Proceedings and What Can Help My Case?
Deportation is officially called “removal proceedings” and it’s handled by the Department of Homeland Security (DHS). The whole process kicks off with a Notice to Appear (NTA), and it answers the biggest question you probably have: why is this happening?
Generally, DHS issues an NTA because you:
- Overstayed your visa
- Entered the U.S. without being properly admitted
- Violated the terms of your immigration status
- Have certain criminal convictions or arrests
- Had an immigration application denied
- Have a prior removal or deportation order
But here’s the important thing: being placed in removal proceedings doesn’t automatically mean you’re going to be deported. You still have a chance to respond to the government’s case and explain your situation to an immigration judge, and that’s where your above options come in. And a big part of that is going to be documentation. With that, it’s a good idea to keep track of:
- A copy of the NTA
- Passports and travel records
- Visa and immigration documents
- Work permits
- Previous immigration applications
- Marriage or birth certificates
- Tax returns
- Employment records
- Criminal court records, if they apply
- Notices or letters you’ve received from DHS, USCIS, or immigration court
Think of all of this as putting the pieces of your case together. The documents themselves aren’t going to win your case, but they can help us understand what happened and, more importantly, figure out what options you may have to fight your deportation.
Maison Law Immigration Lawyers Will Help You Make Sense of Removal Proceedings
If you’ve received a Notice to Appear or have an upcoming removal proceedings, you don’t have to figure it all out on your own. Our team at Maison Law Immigration Lawyers can help you by:
- Going through your paperwork and immigration history
- Planning the best defense strategy for your situation
- Preparing any waivers or applications
- Handling paperwork and deadlines
- Representing you in court hearings
With removal proceedings, the last thing you and your family need is more stress. Our team takes on the uncertainty and can guide you toward a fair resolution. Set up a free consultation today to get started.
