Deportation and Removal Defense
The government may initiate deportation proceedings against individuals who are present in the United States without authorization. For many of us, this process is started as soon as we enter the U.S. and are issued a Notice to Appear (NTA). For others, this process is started after we’ve already been physically present in the U.S. and receive an NTA.
There are several defenses and solutions against deportation proceedings. At Pray Law, we will help you discover which solutions may be best for you.
Cancellation of Removal
This defense allows you to request the immigration judge to adjust your status from that of a deportable person to lawfully admitted for permanent residence, provided certain conditions are met. This defense is available for both lawful residents as well as non-residents. The qualifications vary depending on whether or not you are a resident.
Asylum
This defense allows you to request the immigration judge to recognize you as a refugee here in the U.S. As a refugee, you would be able to start the green card process even if you did not have legal status within the U.S. In order to be recognized as a refugee, you will need to prove that you have been or will likely be persecuted based on your race, religion, nationality, membership in a particular social group, or political opinion, if you return to your home country.
Prosecutorial Discretion
There are many cases that the government does not want to prioritize. There are a few things that the government looks into to determine whether or not your case is a priority. If your case falls into this category, then we can work with the government to come to an agreement to remove your case from immigration court.
USCIS Filing
If you have a form of relief outside of immigration court, courts are often willing to postpone or even terminal your deportation proceedings. USCIS filings are technically not a defense in immigration court, but this is a common way to avoid being deported. USCIS filings include family petitions, green card filings, U-visas, temporary protected status (TPS), special immigration juvenile status (SIJS), etc.
Voluntary Departure
Voluntary departure is the most common form of relief from removal and may be granted by Immigration Judges. This option may be ideal for you if other options are not available. Voluntary departure allows you to leave the country without the stigma of a formal removal order. This may be a short term sacrifice that can provide long term benefits.
Administrative and Judicial Relief
A removal order does not mean that it’s over. There are still several options for you or a loved one who has received a removal order. Pray Law can guide you through the process of appealing a removal order.