Facing deportation can be one of the most stressful and frightening experiences for immigrants and their families. However, it’s crucial to remember that receiving a Notice to Appear (NTA) in immigration court doesn’t automatically mean you’ll be deported. There are several strategies and defenses available that may allow you to remain in the United States. In this post, we’ll explore some key deportation defense strategies and what you need to know about them.
Understanding the Deportation Process
Before diving into defense strategies, it’s important to understand the basics of the deportation process:
- Receiving a Notice to Appear (NTA)
- Attending master calendar hearings
- Presenting your case at an individual hearing
- Receiving the judge’s decision
- Potential appeals
Knowing these steps can help you better prepare for what lies ahead.
1. Challenging the Grounds for Deportation
What to know: The government must prove that you are removable from the U.S. Sometimes, they make mistakes.
Strategy: Carefully review the allegations in your NTA. If there are errors or if the government can’t prove the charges against you, your case may be terminated.
2. Seeking Asylum
What to know: If you fear persecution in your home country, you may be eligible for asylum.
Strategy: You must apply for asylum within one year of entering the U.S. (with some exceptions). Be prepared to provide evidence of your fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
3. Cancellation of Removal
What to know: Long-term residents may be eligible for cancellation of removal if they meet specific criteria.
Strategy: You must prove:
- Continuous physical presence in the U.S. for at least 10 years
- Good moral character
- No disqualifying criminal convictions
- Exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident relative if you were deported
4. Adjustment of Status
What to know: If you’re eligible for a green card, you may be able to adjust your status during removal proceedings.
Strategy: Common pathways include family-based petitions, employment-based options, or special immigrant juvenile status. Each has its own eligibility requirements and application process.
5. Prosecutorial Discretion
What to know: In some cases, ICE attorneys may agree to administratively close or terminate proceedings.
Strategy: Highlight positive factors such as long-term residence, family ties, community involvement, and any humanitarian concerns. This approach is more likely to succeed for low-priority cases.
6. Voluntary Departure
What to know: While not ideal, voluntary departure can be preferable to a formal deportation order.
Strategy: If other options aren’t available, requesting voluntary departure can avoid the severe consequences of a deportation order, potentially allowing for an easier return to the U.S. in the future.
Conclusion
Facing deportation is daunting, but it’s crucial to remember that you have rights and potential defenses available. The specific strategy that’s best for you will depend on your individual circumstances, immigration history, and the reasons for your potential removal.
Given the complexity of immigration law and the high stakes involved in deportation proceedings, it’s strongly recommended to work with an experienced immigration attorney. At Restart Lawyer, we have a proven track record of successfully defending clients against deportation. We understand the nuances of immigration law and can help you navigate this challenging process.
If you or a loved one is facing deportation, don’t wait to seek legal help. Contact us today for a consultation to discuss your case and explore your defense options. Remember, taking prompt action can make a significant difference in the outcome of your case.
