An Immigration Lawyer Can Help Stop Deportation
When the U.S. government is trying to deport you, it is U.S. Immigration and Customs Enforcement (ICE), formerly known as Immigration and Naturalization Service (INS), that enforces the deportation law. Deportation is also known as “removal” from the United States.
“INS has arrested my husband / wife, what do I do?”
Many people mistakenly believe that merely being a good person with a job, no criminal history, etc., is a defense to deportation and makes one eligible to stay in the United States. This is wrong. There are very specific factors in the immigration law that determine whether you can stay in the country. In the immigration law context, defenses to deportation are referred to as “forms of relief.” Below are the most common forms of relief and their basic criteria. Before seeking any of these defenses, you should consult with an immigration attorney to see whether you qualify for the benefit you are seeking.
“Can I just leave the U.S. on my own?”
No. Once ICE has placed you into deportation proceedings, leaving the U.S. without proper permission would have devastating consequences on your chances of returning in the future. If you leave the U.S., you would essentially have an outstanding deportation order waiting for you in the United States if you should ever return. If you wish to simply leave the U.S. and not fight your deportation, you would seek Voluntary Departure.
Voluntary Departure
Voluntary departure is the process by which the government allows you to leave the U.S. at your own expense. This form of relief is typically sought when there are no other forms of relief available. The government may allow you up to 120 days to leave the U.S. The government may also require you to post a bond to insure that you leave as directed. The law regarding whether voluntary departure is available to a particular individual varies from case to case.
“I have lived in the U.S. for several years, does this help?”
Cancellation of Removal
If you have lived in the United States for several years, you may be eligible to seek Cancellation of Removal (Cancellation). This form of relief grants you permanent residence (green card) based on the fact that you have been in the U.S. for several years; you don’t have a serious criminal history; and the judge believes that you warrant favorable discretion. Some of the factors the judge will consider include your family ties within the U.S., the duration of your residence in the U.S., hardship to your family if you are deported, history of employment, service to the community, and your good character.
“I could have filed for a green card in the past and never did it, can I do it now?”
Adjustment of Status
If you are eligible to become a permanent resident based on a family relationship, employment, or other grounds in the immigration law, you may request that the judge grant permanent residence through the process called Adjustment of Status. For example, if you are married to a U.S. citizen and you meet all of the other requirements for a green card but never applied for one, you can ask the judge to grant you permanent residence.
“What if I am afraid to return to my native country?”
Asylum – Withholding of Removal – Protection under the Convention Against Torture
This is a very complicated area of the law and requires you to prove your case through extensive evidence. Generally, these sorts of applications are based on fear of returning to your country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Regardless of the amount of evidence you have, one must be very aware of the filing deadline for asylum cases which is one year from the date of arrival in the U.S. While there are some exceptions, those who do not meet the one-year deadline will have a very difficult case.
“Should I hire a lawyer?”
The answer to this is easy, “yes.” While you have the right to have a lawyer in deportation or removal proceedings, the government is not required to provide one for you. Only an immigration lawyer will be able to advise you on all of the forms of relief you have available to you, the evidence required, the process, and your chances of success. Deportation or removal proceedings can last several months and even years, the advice you receive from a good immigration lawyer may very well mean the difference between living in the United States and being banned indefinitely.
Vincent Martin, Immigration Lawyer
Cundy & Martin, LLC, Bloomington, MN -
vmartin@cundyandmartin.com
Disclaimer: Nothing in this communication shall be deemed to be legal advice or to create an attorney/client relationship.
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