Possible Defenses to Deportation

In the United States, ‘deportation’ refers to the legal process used by the federal government to remove foreign nationals from the country. The government deports foreign nationals for a number of reasons. Violation of immigration laws, convictions for certain crimes, and illegally entering the U.S. are just a few of these. For immigrants, there is perhaps no bigger threat to their security and safety than deportation proceedings. Fortunately, there are defenses available. Below, our Atlanta deportation defense lawyer explains what these are.

Cancellation of Removal 

A potential defense if you are placed into removal proceedings is a cancellation of removal. This is a legal remedy that may allow you to remain in the country if you meet certain requirements. The requirements you must meet depend on your immigration status and they are as follows:

• If you are a lawful permanent resident: If you have had lawful permanent resident (LPR) status for at least five years, and you have lived in the country for at least seven years after entering the U.S. legally, you may be eligible for a cancellation of removal. You also cannot have any convictions for aggravated felonies.
• If you are a non-lawful permanent resident: If you do not have a green card but have lived in the U.S. for at least ten years, you may be eligible for cancellation of removal. You must show that you are of good moral character and that your removal would cause a family member unusual hardship.

Asylum

If you fear persecution if you return to your home country, you may qualify for asylum. To qualify, you must show that you have a well-founded fear of persecution or have already been persecuted for your religion, race, political opinion, nationality, or membership in a certain social group.

Adjustment of Status

If you qualify for a green card, adjusting your status can help you avoid deportation. This defense is common among people who qualify for a visa through employment or another legal option. Immediate relatives of American citizens are also often eligible for a green card and adjustment of status. This defense is most commonly used when people entered the U.S. legally but become removable due to a violation of certain immigration laws or by overstaying their visa.

Criminal Conviction Waivers 

A waiver can help you remain in the country if you are facing removal due to a conviction for a criminal offense. You may have to show that you have been rehabilitated, you do not pose a danger to public safety, and your relatives would face extreme hardship if you were removed from the country.

Our Deportation Defense Lawyer in Atlanta Can Advise On Your Case

The above are just a few of the most common defenses used in deportation cases. Our Atlanta deportation defense lawyer can review the facts of your case and advise on the one that is right for your case. For a consultation to discuss your case and needs, please call Shirazi Law, now at 404-523-3611. Serving clients in Atlanta, Moultrie, and Dalton, GA and Chattanooga, TN.

Source:

usa.gov/deportation