Facing deportation is an emotionally challenging and stressful experience for anyone, especially if they have children and family members they'll be separated from. However, lawful permanent residents facing deportation should always seek legal representation to explore every available option in immigration court.
There are several avenues individuals and their immigration lawyers can take to fight back against a deportation charge — here is an overview of five of those possible methods.
Application for an Immigration Benefit
An experienced immigration lawyer can help you fight deportation by applying for an immigration benefit. Immigration law provides multiple paths to obtain legal status, and an attorney can assess which is best for your case. For example, a lawful permanent resident might be eligible for “Cancellation of Removal,” which can help you maintain lawful permanent resident status.
In some cases, if an immigrant qualifies for temporary protected status or has already started a process for another immigration benefit, they may be able to change their status to remain in the U.S. Or, through voluntary departure, an individual might have the opportunity to go back to their home country and submit a visa application to return.
Adjustment of Status
Individuals in removal proceedings may be eligible to adjust their immigration status if they meet certain criteria. In some situations, an adjustment can allow someone to become a lawful permanent resident even while they are under threat of deportation.
An immigration attorney can review your case and determine if you qualify for adjustment. By changing your status to that of a lawful permanent resident, you can avoid a deportation order. With the help of an immigration judge, your attorney can advocate for you to remain in the country under a lawful status.
Applying for Political Asylum
If you have fled your home country to escape persecution, you may qualify for political asylum. For people who are granted asylum, the government allows them to live in the U.S. legally, which means they will no longer be subject to deportation proceedings. In some cases, an immigration judge may consider both political and humanitarian reasons to grant asylum.
An immigration attorney can help you apply for asylum and prove that returning to your country would result in extreme hardship. They can guide you through the legal process of obtaining asylum and provide the legal support you need during immigration court hearings.
Proving the Government Made an Error
Even if you're an individual of good moral character, you can still be accused of a crime you didn't commit by accident and be wrongfully deported as a result. However, if it can be proven that the government has made an error in your case, you'll be able to stay. For instance, lawful permanent residents can be placed in removal proceedings for alleged violations, such as aggravated felonies, by accident.
An immigration lawyer can gather evidence to challenge such claims and prove that customs enforcement made an error. With the assistance of an experienced immigration attorney, you can prove the grounds for deportation are flawed — whether that means proving you are not guilty of the aggravated felony in question or another matter.
Using a Family Member
Do you have a family member who is a U.S. citizen or lawful permanent resident? Then they may be able to sponsor you.
If you are facing deportation and you have a qualifying family member, an immigration attorney can assist you in filing a family-based petition, which might make you eligible for an adjustment or cancellation of removal. In these cases, an attorney can help present evidence to immigration court to establish your eligibility for a family-based adjustment — thereby halting the deportation order and securing your stay in the U.S.
Contact Kamal Law Firm, PLLC, Today and Schedule a Consultation
Attorney Farah Kamal is dedicated to providing clients with professional deportation defense assistance and other immigration law services. With years of experience providing legal support to those in need and her own background knowledge and training, she's an immigration lawyer you can trust. Reach out to our firm today to learn more about how to fight deportation and to schedule a consultation.
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