Being deported, in terms of United States immigration, is the process of forcefully removing a non-U.S. citizen from the country for violating some form of immigration law. For an immigrant without a green card or citizenship, the idea of deportation can be a nightmare. There are ways that you can fight to avoid deportation from the United States. For sound legal advice and experienced representation, contact a deportation and removal defense attorney in NYC.
What Are the Types of Relief That Can Help Avoid Deportation?
There are generally two categories of relief when it comes to deportation. They both provide a legal way for the immigrant to defend themselves and avoid deportation.
Discretionary relief can be requested during a deportation hearing and may be granted if you can prove that you are in the country legally and meet the requirements to remain in the United States. This sort of protection is granted on a discretionary basis and can include the following remedies:
Cancellation of Removal
- You may apply for a cancellation of removal to stop the deportation process. If awarded, you may be granted a green card or permanent residence. To apply you must meet certain criteria including being physically in the country for a certain amount of years, showing good character, not being convicted of certain crimes, etc.
Asylum
- Certain immigrants may qualify for asylum such as those with refugee status if they can prove that returning to their home country could result in persecution.
Adjustment of status
- Your spouse, family members, or employer may request an adjustment of your status from temporary nonimmigrant to permanent residence.
Voluntary departure
- You may choose to leave the country on your own within a certain time as ordered by a court. You might choose this option to avoid being technically deported and therefore having to stay out of the United States for a designated amount of years.
Judicial and administrative relief can also be granted if a foreign national or the DHS (Department of Homeland Security) disagrees with a judge’s decision. They can appeal to overturn the deportation ruling.
Should I Hire a Lawyer For My Deportation Case?
It is vitally important that you acquire the services of a skilled attorney when dealing with a deportation case. Being deported can be devastating especially if you have been in the country for a long time and have children or family here.
A skilled lawyer will be equipped with the experience and knowledge to evaluate the details of your deportation case and find the best defense option for you. They can employ that defense with efficiency and effectively represent you in court. Whether it is applying for one of the aforementioned relief options or using another defense such as an insufficient notice to appear, hiring a lawyer will be your best option.
If you are facing deportation you shouldn’t give up. Speak with a skilled NYC deportation lawyer to find out your options and how you can fight to stay in the United States.
