As an undocumented person in the U.S., the possibility of being deported can be stressful and scary. However, with the help of an experienced legal team, you may be able to find a defense that will make it possible to avoid deportation. Today we’ll go over a couple deportation defenses.
Defense #1 – Not Removable as Charged
The first defense to look at is showing the court that you are not removable, so it was wrong for the government to put you into removal proceedings in the first place. An immigration judge will ask you to contest or concede charges of removability and deny or admit to factual allegations. This will be to the information on the Notice to Appear (NTA). However, you could already be a U.S. citizen, but are unaware of your status. If you were born outside of the United States, but both of your parents were U. S. citizens when you were born, you may still be a U.S. citizen. Your lawyer will help to determine if the information as the your charges are correct.
Defense #2 – Relief from Removal
Everyone’s situation is different and immigration laws are very complexed. There are options to removability that can be explained in detail by your attorney. You’ll need to provide information on your family’s legal status, length of time you’ve been in the U.S., showing of good moral character, and other relevant information of your life to prove that you are legally eligible to remain in the U.S. Here are a couple forms of relief from removal:
- Adjustment of status is the process that you can use to become a lawful permanent resident. This is commonly known as applying for a Green Card. Eligibility requirements vary, but first you must determine if you fit into a specific immigrant category.
- Cancellation of removal is a possibility if you can prove you’ve physically been in the U.S. for 10 years and that removal would cause extreme and exceptional hardship to a close family member who is a permanent resident or citizen.
- Humanitarian relief is a protection to assist individuals in need of shelter, or aide from disasters, abuse, emergency medical issues, or other urgent circumstances. Some examples of this type of relief are Asylum Status, Temporary Protected Status, Victims of Human Trafficking and Crimes, and Violence Against Women Act.
There could be a way for you to avoid deportation. To find a strategy that works best for your personal situation, contact Attorney Mel at LaGrone Law at 678-250-5449 today!