If an immigration judge has said that you or a loved one is in the United States illegally and are to be deported, we understand that you are highly stressed, and likely, overwhelmed. You don’t know where to turn for help. Rest assured, there is help available. Call now: 513-793-6555
The great news is that the immigration court’s deportation ruling doesn’t necessarily mean that you or your loved one will be forced to leave the U.S. There are many types of ways to prevent deportation.
We use these legal strategies, and others, for avoiding deportation:
- Deportation waivers due to hardship for you and/or your family
- Cancellation of removal for permanent residents
- Cancellation of removal for non-permanent residents
- Suspension of removal
- Adjustment of status to permanent residence
- Asylum and withholding removal
- Legalization and registry
Deportation waivers due to hardship for you and/or your family
Having family in the U.S. is not an absolute requirement, but it really helps. If your deportation would create economic or other hardship to you, your parents, spouse, or children, we may be able to obtain a deportation waiver due to hardship on your behalf.
Cancellation of removal for permanent residents
If you or your loved one is a permanent resident, we may be able to obtain a cancellation of removal for permanent residents.
We would show as many of the following as possible to obtain the cancellation of removal:
- Family ties within the U.S.;
- Long time residency in the U.S.;
- Hardship to you and your immediate family;
- Service in U.S. Armed Forces;
- Employment history;
- Ownership of property and business ties;
- Service to the community;
- Rehabilitation (if criminal record exists); and
- Good moral character.
We would seek to deemphasize the following:
- Whatever you’re being deported for;
- Other immigration law violations;
- Criminal record; and
- Other evidence of bad character.
Cancellation of removal for non-permanent residents
Under certain circumstances we can have your removal cancelled. 4,000 people each year can qualify for cancellation of removal for non-permanent residents.
In these cases we seek to show:
- You have served in the U.S. Armed Forces for at least 24 months, joined the services while physically in the U.S, and are still serving or was honorably discharged;
- Or, you have lived in the U.S. for 10 years and haven’t been out of the U.S. for more than 90 days at a time or a total of 180 days during those 10 years; and,
- You have had good moral character for 10 years,
- There are no criminal and security, marriage fraud, criminal grounds, failure to register, document falsification, or other security related reasons you should be deported.
- And, your removal would cause exceptional and extremely unusual hardship to your spouse, parents, or children who are U.S. citizens or permanent residents.
- Note: If you are a battered spouse or a child, there are special relaxed rules for deportation cancellation.
Suspension of removal
If you meet these qualifications, we may see to apply for permanent residence through suspension of removal:
- You have been continuously present in the U.S. for at least 7 years. Any absences from the U.S. were “brief, casual, and innocent;”
- You are of good moral character; and
- Your deportation would be an extreme hardship for you or your spouse, children, or parents who are U.S. citizens or U.S. residents.
Asylum (and withholding of removal)
If you have a well-founded fear of persecution in your home country, we may seek to apply for asylum which, if granted, would prevent your deportation.
We would seek to show that you would be persecuted for one or more of the following:
- Political opinion
- Religious belief
- Membership in a particular social group
If a person is granted asylum, after one year they may apply for permanent resident status.
Withholding of removal is similar to asylum.
However, it differs in 2 important aspects:
- It does not permit the alien to apply for permanent residence; and,
- It only prohibits deportation to one particular country. In other words, you could be deported to another country.
Legalization and registry
Legalization is also called “amnesty.” If you are granted amnesty, deportation proceedings will stop.
Registry is another way to get permanent resident status in the U.S. To qualify for registry, we will help you to show you:
- Have continuously resided in the U.S. since before January 1, 1972,
- Are of good moral character,
- Are not deportable on certain aggravated grounds, and
- Are eligible for citizenship.
A note about voluntary departure
If all else fails, it is in your best interest to seek voluntary departure from the United States. This avoids both the stigma and the legal impediments to return to the United States imposed by removal.
You are eligible for voluntary departure if you:
- Are not deportable on aggravated grounds,
- Have the means to pay for their departure from the U.S.,
- Agree to depart within a period of time granted by the Immigration Judge, and can establish good moral character during the previous five-year period.
Where to get help
Even if the immigration court has ruled that you or a loved one is to be deported, we may be able to help you avoid deportation. Your legal rights are in jeopardy. Do not hesitate. Call our office immediately for a consultation and case analysis. Call now: 513-793-6555