Many immigrants, whether documented or undocumented, may be under the assumption that if the U.S. government wants to deport someone, there isn’t anything that can be done about it. However, the truth is, knowing your rights, your legal options, and the resources available, could keep you from being deported. Here are some critical things you should know if you are facing deportation.
First Step - Consult an Immigration Attorney
If you receive notice that you are being deported, it’s imperative to contact an immigration attorney as soon as possible. Deportation cases are extremely complex, time-sensitive and require the knowledge and skill of an experienced immigration lawyer.
No matter what the circumstances are surrounding your case, if you are subject to a removal proceeding, you should be informed of the following details and rights in your case:
- The reason why you are being called to appear.
- How your status has been violated (or how you broke the law).
- The consequences should you fail to appear.
- Your right to hire an attorney.
Individuals who have not committed a crime are considered a low flight risk and most likely will not be detained. However, if you have been detained, an immigration attorney will know how to navigate your case and guide you with the best legal advice possible.
Adjustment of Status
An adjustment of status is the process in which you can apply for lawful permanent residency and remain in the U.S. Adjustment of status may apply to the following scenarios:
- Marriage.
- A current family-based petition.
- A current employer petition.
- One year after asylum is granted.
To be eligible for an adjustment of status, you must have entered the U.S. legally. Individuals who are facing deportation, but could be eligible to remain through an adjustment of status, should consult an immigration attorney as soon as possible for the best possible outcome.
Seeking Asylum
If you’ve come to the U.S. for fear of persecution in your country of origin, you may be able to avoid deportation by applying for asylum. Acts of persecution mean an individual is harmed because of the following:
- Political beliefs
- Gender
- Sexual orientation
- Ethnicity
- Nationality or any other group of people sharing a common identity (particular social group)
Individuals who fear torture, rape, imprisonment, death, or any other infliction, are considered acts of persecution if they are committed based on the grounds listed above.
Cancellation of Removal
- Certain individuals are eligible for cancellation of removal based on the amount of time they have been in the United States
- There are two forms of cancellation of removal, one for lawful permanent residents, and one for undocumented individuals.
Waivers
- Some individuals are able to apply for waivers for certain convictions that occurred
Post-Conviction Relief
- For other individuals, we may need to go back to criminal court and vacate the conviction. This is referred to as post-conviction relief.
Winning a deportation case without an attorney is nearly impossible — especially if you are inexperienced in immigration law. One of the most important things in winning a deportation case is having an attorney who understands how to defend your rights. You have a variety of ways that you could win a deportation case, but it largely depends on the circumstances. If you are facing deportation, please contact Yekrangi & Associates today at (949) 478-4963 to learn more about how we can assist you with your case.