Deportation Defense
- Visa Overstays – Remaining in the U.S. beyond the permitted period of a visa.
- Criminal Charges – Certain criminal convictions can lead to deportation, even for lawful permanent residents.
- Asylum Denials – If an asylum claim is denied, the applicant may be placed in removal proceedings.
- Entry Without Inspection (EWI) – Entering the U.S. without proper documentation or authorization.
- Fraud or Misrepresentation – Providing false information on an immigration application or at the border.
- Status Violations – Working without authorization or failing to comply with visa conditions.
Available Defenses Against Deportation
There are multiple strategies to fight deportation, depending on the circumstances of your case. Here are some of the most common legal defenses:
Motion to Reopen
If you have already received a removal order, a Motion to Reopen can be filed to present new evidence or changed circumstances that could impact your case. This motion is often used when the individual was ordered removed without proper notice or legal representation.
Motion to Terminate
A Motion to Terminate requests the court to dismiss the removal proceedings due to a legal defect, such as the government’s failure to prove removability or a change in the law that affects your case. Successfully terminating proceedings can prevent deportation altogether.
Defensive Asylum
If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may apply for Defensive Asylum in removal proceedings. If granted, asylum allows you to remain in the U.S. and eventually apply for a green card.
Cancellation of Removal
For certain individuals, Cancellation of Removal may be available, allowing them to avoid deportation and obtain legal status. This relief is available to:
- Lawful Permanent Residents (LPRs): If they have been in the U.S. for at least seven years, held a green card for at least five years, and have not been convicted of an aggravated felony.
- Non-Permanent Residents: If they have been in the U.S. for at least ten years, have good moral character, and can prove that their removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Frequently Asked Questions
A: If you receive an NTA, do not ignore it. Contact a deportation defense attorney immediately to review your case and prepare your defense before your court hearing.
A: Yes. If you receive an unfavorable decision from an immigration judge, you may be able to appeal to the Board of Immigration Appeals (BIA) and, in some cases, to federal courts.
A: Having U.S. citizen children alone does not automatically prevent deportation. However, it may be a factor in applying for Cancellation of Removal or other forms of relief.
A: The duration varies depending on the complexity of the case, court backlogs, and available legal defenses. Some cases may take months, while others can take years to resolve.
A: Failing to appear at your court hearing can result in an automatic removal order in absentia. It is crucial to attend all scheduled hearings and stay in communication with your attorney.
