As an immigrant to the United States, deportation represents a true nightmare. You’ve established your home in the US, you certainly don’t want to lose it. Here are some options that may help if you’re facing deportation. The good news is that there are a variety of ways in which you can fight your deportation. In this blog entry we will discuss several of these options – but please be sure to contact an immigration attorney immediately for specific guidance and assistance.
Cancellation of removal. If you’ve been living without legal documentation in the US for a long time, you may be qualified for non-LPR cancellation of removal. With this type of cancellation of removal, you also receive a green card. There are, however, lots of qualifications for non-LPR cancellation of removal. For example, you must:
1. have been living in the U.S. for at least ten years.
2. have qualifying relatives who are U.S. citizens or lawful permanent residents and who will suffer exceptional and extremely unusual hardship if you’re deported
3. show that you are a person of “good moral character”
4. have not been convicted of certain crimes
Even if you meet all of the qualifications, whether or not cancellation of removal is granted is up to the discretion of the Immigration Judge.
If you are a permanent resident and you are in danger of deportation, it is likely that you have been convicted of a deportable offense. Under these circumstances, you may be qualified for LPR cancellation of removal. For this type of cancellation of removal, you must:
1. have been a lawful permanent resident of the US—with a green card—for at least five years
2. have resided continuously in the US with any status for at least seven years
3. have not been convicted of an aggravated felony
4. have not received cancellation of removal in the past.
Like non-LPR cancellation of removal, whether or not the cancellation of removal is granted is up to the discretion of the Immigration Judge.
Another possibility is a section 212(h) waiver. With this waiver, you can be excused for certain crimes if you can demonstrate that your removal from the US would cause extreme hardship to a close relative who is a US permanent resident or citizen.
Asylum may be an option if you fear returning to your home country because of the possibility of persecution based on your race, religion, nationality, actual or suspected political opinion, or membership in a particular social group. Withholding of removal is similar but more difficult to obtain; it is a possibility if you can show your freedom or life would probably be in danger due to your race, religion, nationality, political opinion or membership in a particular social group. The Convention Against Torture provides protection if you fear that you might be tortured if you return to your home country.
If you’re facing deportation, it is critical that you have an immigration attorney on your team. Please contact us today to learn more.
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