Individuals who have been placed in deportation proceedings can defend themselves against removal by filing various types of immigration petitions. A good deportation defense attorney can help them build a strong legal argument.
They could apply for permanent residency based on a family-based visa petition or withholding of removal if they fear persecution back home for their race, religion, nationality or membership in a social group. They could also seek voluntary departure.
Asylum
Asylum is a type of humanitarian protection granted to foreign nationals who are fearful of returning to their home country because of persecution based on their race, religion, political belief or social group. It is available to individuals who either apply for it or are placed in removal proceedings after overstaying a visa or entering the United States without authorization.
The application process for asylum is complex and requires a thorough understanding of the Immigration and Nationality Act, case law and immigration procedures. Our firm has extensive experience representing asylum seekers in immigration court.
Individuals who are apprehended by ICE or CBP in the interior of the United States or at ports of entry and tell an officer that they fear persecution or torture if returned to their home country may be eligible for defensive asylum. These individuals are placed in expedited removal proceedings and undergo a credible fear interview with an asylum officer. They must also submit detailed documentation and testimony to establish their eligibility for asylum, withholding of removal or Convention Against Torture relief.
Adjustment of Status
If you have a green card, or lawful permanent resident status, and are deported, you may qualify for cancellation of removal. Your attorney would need to show that you have been physically present in the United States for at least seven years (which includes time as a lawful temporary resident or permanent resident), you are not an aggravated felon, and you do not have a criminal record of moral turpitude.
Adjustment of status is a process for changing from nonimmigrant to immigrant status when you are already in the United States. This is typically done through a family member who is a U.S. citizen.
If you are in removal proceedings due to a criminal conviction, Orlando immigration lawyer John Gihon can help you re-adjust your status in the United States, avoid deportation and enjoy your benefits as a lawful permanent resident. There are some situations that disqualify a person from applying for adjustment of status, but there are also waivers and technical inadmissibility scenarios that can override those barriers.
Criminal Charges
All immigrants, including green card holders, can be deported if they are convicted of certain crimes. These include sex offenses, drugs (including possession with intent to distribute), fraud, and aggravated felonies such as murder. However, the laws defining which crimes lead to deportation can be confusing. In addition, state criminal law relief measures such as expungement or reduction of sentences may not work for immigration purposes.
It is essential to discuss the impact of a criminal conviction with an attorney, especially before deciding on a plea. Resolving your case successfully could allow you to avoid deportation and remain in the country.
During removal proceedings, a judge considers your employment and tax payment history, the presence of family members in the United States, and your ties to your home country. A deportation defense lawyer can help you present this information to a judge in a compelling way. This information can also be used to qualify for an immigration waiver or access to certain types of visas.
Family Ties
The deportation or incarceration of parents creates tremendous sentimental and financial hardship for families. It can be especially difficult when the person is sent to a prison or detention facility in another state. Joana’s brother was initially held in county jail, which meant that she and her mother could visit him frequently. But when he was transferred to prison and then a detention center in rural California, it became much more challenging.
NIJC calls on the Biden administration to restore family unity and to establish a process for unjustly deported individuals to return home. Current mechanisms for addressing this issue are too complicated and inaccessible, and they depend on the discretion of immigration judges or ICE officers who work within a culture that prioritizes deportations. It is time to put in place a fairer and more accountable system. In the meantime, families can continue to fight for their loved ones with the help of a skilled immigration attorney.