Ways To Avoid Deportation

Deportation Lawyer In TX

How To Stop Removal Proceedings

People facing deportation proceedings in immigration court often think that they cannot get relief. But you have to realize that the government has the burden to provide clear, convincing and unequivocal evidence that you are removable. Even when the government does provide this evidence, you can still apply for relief.

You can always appeal the decision of an immigration judge within 30 days after the decision. You file the appeal to the Board of Immigration Appeals (BIA) and if the board denies your appeal, you can challenge that decision in a U.S. Federal Court of Appeals. You should get in touch with Texas Immigration Attorneys near you that can answer questions you might have.

Defense For Deportation

How To Not Get Deported

Your lawyer can use the following strategies as defense for deportation:

  • Cancellation of removal
  • Waivers of inadmissibility  and removability
  • Asylum
  • Adjustment of status
  • Withholding of removal

Cancellation Of Removal For Non-LPRs

How To Fight Deportation

Your lawyer can use the cancellation of removal defense if you are a non-lawful permanent resident facing deportation proceedings.  This defense is also a path to getting a green card but you must have been physically present in the United States for at least 10 years.  You must have been of “good moral character” for at least 10 years and must have not been convicted of a crime.

You must also prove that your removal would result in exceptional and extremely unusual hardship to US citizen or lawful permanent resident family members.

Cancellation Of Removal If You Have A Green Card

Hardship Letter To Prevent Deportation

Ways To Avoid DeportationA green card owner can avoid deportation through the Cancellation of Removal for lawful permanent residents. But you have to prove that you have been a law abiding citizen for at least 5 years and have resided in the U.S. for not less than 7 years. You should not have any criminal convictions on your record and must not have benefited from cancellation of removal in the past.

Waivers Of Removal

Green Card Holder Deported

You can be deported for a variety of reasons but it mostly hinges on a person having been inadmissible when they entered the U.S.  You have to prove that your close family members will face hardship if you are to be removed for you to be eligible for waivers of removal.  For example:

An individual who commits fraud or material misrepresentation can apply for a waiver if the failure to admit them to the U.S will cause “extreme hardship” for their lawful permanent resident (LPR) or U.S. citizen spouse or parents.

Anyone that is inadmissible because of their crime can file for a waiver if their LPR or USC spouse, parents, or children.  Some long-term permanent residents do not need to have close relatives in the U.S. for them to apply for some types of waivers.

Applying For Permanent Residence Status Through Suspension Of Deportation

Can Permanent Residents Be Deported

You can apply for permanent residence status through suspension of deportation. You must meet the following requirements:

  • You must have been physical present continuously in the United States for 7 or more years. But short or brief absences do not cancel affect the continuity of your presence in the U.S
  • You must have good moral character
  • You must prove that deportation will cause you or your close relatives who are citizens or residents in the United States to experience extreme hardship

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