Five Ways to Fight Your Deportation
According to the latest data released by the Department of Homeland Security (DHS), 406,595 individuals were apprehended and a total of 462,463 removals and returns were carried out in fiscal year 2015. The U.S. government can deport any immigrant, including a green card holder charged with a criminal offense, fraud, and other violations. Usually, aggravated felonies can result in deportation. These may include drug trafficking, prostitution, theft, and assault, among others.
However, the U.S. Immigration and Customs Enforcement Agency (ICE) doesn't have the last say in your removal proceedings. The U.S. immigration laws provide several different ways to prevent deportation.
Here are five tips that can help you stop your deportation:
Apply for Asylum
A person eligible for asylum can be permitted to remain in the country. One year after being granted the asylum, you can apply for a green card or a lawful permanent residence (LPR). If you are in the country illegally, file Form I-589, an application for asylum to prevent your removal. The application, however, must be filed within one year from your arrival in the country. Alternatively, you can also file for asylum at any one of the ports of entry at the time of your arrival.
You can apply for asylum if you have suffered persecution or fear a persecution based on your race, religion, nationality, membership in a particular social group, or political opinion in your country of origin. You can also add the names of your spouse and children in your application. However, you need to satisfy several other criteria to qualify for asylum.
Apply for a Waiver
The existence of a criminal record not only results in your removal from the country, but can also ban you from entering the U.S. You can, however, apply for an immigration waiver to stop the removal proceedings.
If you are a legal permanent resident or a green card holder and are facing deportation due to criminal charges, you can file a waiver to prevent it. You can apply for a waiver depending on the circumstances of your case. For example, a person who committed fraud or a material misrepresentation can submit a 212(i) waiver for lawful entry into the country. In almost all cases, however, you must prove that your removal will result in extreme hardship to your spouse, parents or children. Certain types of waivers such as 212(c) may not require proof of "extreme hardship" caused by your removal.
Most waivers are discretionary. The immigration judge determines the outcome of an application on a case-to-case basis. So, make sure to hire a qualified and experienced immigration attorney before filing an application for a waiver.
Adjust Your Status to Permanent Resident
You may be eligible to apply to the immigration court to change your status to a legal permanent resident (LPR) or a green card holder. An immigrant who is a parent, spouse, child, or a widow of an American citizen or a green card holder is eligible to apply for a change of status.
Appeal to the Board of Immigration Appeals
When it comes to the interpretation of immigration laws, the Board of Immigration Appeals (BIA) is the highest authority. You can appeal the immigration judge's decision within 30 days to the BIA. However, only the cases with valid legal ground are considered for an appeal. So, make sure to consult an experienced and competent lawyer before filing an appeal.
You will be charged a filing fee of about $110 to be paid by check. You then have to send a notice of appeal to the BIA. Be sure to send the copy of the notice to the attorney who represented the U.S. government in your case. There is a rare possibility that you may have to appear in person for the hearing. Usually, the BIA will do a paper review of your case and notify you of their decision by mail.
Voluntary Departure
Though it can't prevent your deportation, voluntary departure can ensure that you can lawfully re-enter the United States a few years later. You can apply for voluntary departure before the start of removal proceedings or anytime during the process. However, a person involved in terrorist activities or aggravated felonies is not eligible for voluntary departure.
Usually, the Department of Homeland Security or the immigration court will ask you to leave the country within 120 days. You are also expected to pay for your departure. Depending on the circumstances of your case, you may or may not be able to re-enter the United States.
The U.S. government can deport any immigrant or a non-American citizen. Though several different factors can cause deportation, an aggravated felony is the most common one. Fortunately, there are several legal ways to prevent your removal proceedings. However, all forms of relief require the guidance and knowledge of a competent immigration attorney. Hopefully, the above five tips can help you stop your deportation.