The fear of deportation hangs heavy in the air for countless undocumented immigrants.
The constant threat of being torn away from loved ones, losing hard-earned stability, and facing an uncertain future can be overwhelming.
This article will explore the top five legal strategies used in deportation defense cases. From humanitarian relief to family-based options, criminal waivers, prosecutorial discretion, and appeals, there are avenues to fight for your right to stay in the United States.
Keep in mind, each case is unique, and the best strategy will depend on your individual circumstances. But, by understanding your options and seeking expert legal advice, you can increase your chances of a positive outcome in your fight for survival.
1. Humanitarian Relief
Humanitarian relief is an umbrella term that covers two specific avenues of legal protection for individuals facing deportation: asylum and temporary protected status (TPS).
On one side, we have asylum, which provides refuge for those who’ve suffered persecution or have a well-founded fear of persecution in their home countries due to factors such as race, religion, nationality, political opinion, or membership in a particular social group.
Basically, if you can prove that you have a well-founded fear of persecution, asylum can be your lifeline.
On the other hand, TPS offers temporary relief from deportation for individuals from countries experiencing ongoing armed conflict, environmental disasters, or extraordinary conditions that prevent safe return.
If your home country is designated for TPS, you can stay in the U.S. temporarily while things calm down.
Together, these avenues can allow you to rebuild your life in safety, and, down the road, they can even lead to a green card or U.S. citizenship.
2. Family-Based Relief
If you’re facing deportation and have strong family ties in the United States, family-based relief might be a better option for you.
So, what does family-based relief entail?
Well, for one, if you’ve been a lawful permanent resident (green card holder) for at least five years and have lived in the U.S. for at least seven years after being lawfully admitted, you might qualify for cancellation of removal.
This means the government might agree to stop the deportation proceedings against you.
But here’s the kicker: you also need to demonstrate that your deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident family member.
This means proving that your absence would have a severe, negative impact on their lives, which can be done by providing evidence on the:
- medical needs of your family member
- financial support your family member relies on to cover essential living expenses
- emotional well-being that your deportation could have on your loved ones, be it your parents, friends, children, or someone else.
- caregiving responsibilities that you have towards a child or an elderly family member in the U.S.
Collecting this sort of evidence is something that a deportation and removal defense lawyer can help with, ensuring that you present a comprehensive and persuasive deportation defense case.
If you don’t have a green card, your next best defense would be the adjustment of status.
This process allows you to apply for a green card while you’re already in the country, often also requiring you to show that you have a qualifying family member who is a U.S. citizen or lawful permanent resident and is willing to sponsor you.
3. Criminal-Based Waivers
If you’re facing deportation due to a criminal conviction, then your only available option is a criminal-based waiver.
Think of these waivers like second chances. They allow you to potentially stay in the U.S. even if you have a criminal record.
So, how do they work?
Basically, if you can show that you’ve changed your ways (a.k.a. that you’re rehabilitated) and that you’re no longer a threat to society, you might be eligible for a waiver.
Also, there are some extraordinary situations that warrant a waiver, like if your deportation would cause extreme hardship to your family or if you’ve made significant contributions to the U.S. community.
There’s also a second defense strategy you can use if you’re facing deportation due to a criminal conviction, but only if the government used illegal tactics to gather evidence against you.
In this case, you might be able to request that this evidence be suppressed, which means the court won’t consider it in your case.
4. Prosecutorial Discretion and Deferred Action
Both prosecutorial discretion and deferred action provide temporary lifelines if you’re facing deportation and don’t qualify for other forms of relief.
When requesting prosecutorial discretion, you’re essentially asking the government to show some mercy.
If you have a strong case and can demonstrate that you’re a positive contributor to the community (sounds familiar?), the government might decide not to pursue your deportation.
Deferred action has a quite similar concept.
It’s yet another decision by immigration officials to delay or postpone the enforcement of removal proceedings against you, but it comes with its own specific guidelines and eligibility criteria.
With it, you’re granted a reprieve from deportation for a designated period, which can be renewed as long as you continue to meet certain conditions. This can provide you with the much-needed breathing room to stabilize your life, whether that means securing employment, pursuing education, or maintaining your family ties.
5. Appeals and Case Reconsideration
If none of these prior steps have worked and you’ve been denied relief from deportation, don’t give up hope.
You may still have the last-resort option of appealing the decision or filing a motion to reconsider your case.
In the first option, you can appeal the immigration judge’s decision to the Board of Immigration Appeals (BIA), similarly to filing an appeal in a regular court.
You can do this if you believe the judge made a mistake of law or if there was new evidence that wasn’t available at the original hearing.
For the same reasons, you can also file a motion to reopen.
Just keep in mind that both appeals and motions are rather complex and time-sensitive legal procedures, so it’s crucial that you act swiftly and seek expert legal advice from a deportation and removal defense lawyer.
Conclusion
And there you have it—a variety of potential strategies to fight deportation. Whether it’s seeking humanitarian relief, family-based options, criminal waivers, prosecutorial discretion, or filing appeals, each path depends on your unique situation.
Just remember: This is just a general guide to five common defense strategies. Your specific case may require a different approach altogether.
To figure out the best legal strategy for your situation and get the support you need, it’s best that you speak with an experienced immigration attorney who can assess your case and help you go through this process with confidence.