If you are not a United States citizen and you are trying to immigrate to the United States, making sense of the intricate regulations of US immigration law can be quite a task. It gets even more so when the threat of removal from the country looms. Understanding the intricacies of the immigration process and how that impacts one’s status will, therefore, be hugely important in such cases. You may have options available to you, including obtaining a green card or US citizenship through naturalization. Each of these options has its own eligibility criteria, based on your employment situation, family relationships, and showing good moral character. A deportation lawyer in Elmhurst can help you assess your suitability for any option.
This post provides an overview of the various methods of preventing removal or deportation and obtaining legal status.
Common ways out of deportation:
- Relief based on discretion.
This relief is something you can request once removal or deportation charges against you are pending before an Immigration Judge. The burden of establishing that you are entitled to a favorable determination is on you. But a deportation lawyer in Elmhurst can help you discharge this burden.
USCIS officers will consider all relevant facts regarding your case, including but not limited to whether you are a lawful permanent resident and your moral character. Each case shall be judged on its individual merits, considering all the factors before an immigration judge.
If you cannot meet the legal requirements of immigration judges and USCIS, then they will have the power to deny your applications. If you are convicted of a serious crime, that can also be a good reason for the denial of your application. If you know of any facts that may complicate your case, quickly notify a deportation lawyer in Elmhurst.
2. Seek asylum status.
This status is a protection that forbids returning to your home country. Asylum applies to persons who are being persecuted in their home country, often for things such as race, nationality, religion, political views, or membership within a social group.
With asylum, an alien granted asylum will legally reside within the US and could enjoy a path towards permanent residence or US citizenship. You can also legally bring your spouse and unmarried children to the United States with you. Check with a deportation lawyer in Texas to see if this option fits your situation.
Under the Immigration and Nationality Act, there are two types of asylum relief. The first is called affirmative asylum, and the second is defensive asylum.
Affirmative asylum is for aliens already in the United States who want protection from persecution. You may apply for affirmative asylum if you are not in removal proceedings. You must file Form I-589 within one year of your arrival in the United States.
Defensive asylum is for individuals who are already in removal proceedings or facing deportation. It allows people to present their case for asylum to an immigration judge, generally after the initial application was denied by USCIS.
For more information on the defensive asylum process, you should contact a deportation lawyer in Texas directly.
3. Apply for the Temporary Protected Status (TPS).
One way noncitizens can find relief is through the Temporary Protected Status (TPS). This is a special status given to people from certain countries when something happens that makes it unsafe for them to go back home.
With TPS, people from these countries can live and work in the US for a set time. The decision to give TPS usually depends on things like natural disasters, ongoing wars, or other serious situations. You can go through the TPS process smoothly with the help of a deportation lawyer in Texas.
4. Requesting to adjust your status.
This is a way for someone to change their immigration status in the US from a temporary visa to a permanent resident.
People who can apply for this usually have a spouse, family member, or employer who can sponsor them. However, if someone has a criminal record, missed court dates, or didn’t leave after being told to, they probably can’t apply for this option. You can find more details about adjusting your status by talking with a deportation lawyer in New York.
5. File for administrative appeals and judicial review.
If either a person facing deportation or the Department of Homeland Security (DHS) doesn’t agree with an immigration judge’s decision, they can appeal to the Board of Immigration Appeals (BIA) to try to change the ruling.
The BIA is a group that can interpret federal immigration laws. They need to get the appeal within 30 days of the judge’s decision. Federal Courts of Appeal can also hear some cases that come from the BIA. If someone doesn’t like what the BIA decided, they might be able to take it to federal court.
A noncitizen has 30 days to file a judicial appeal after a final removal decision. This process can be complicated, so it is a good idea to talk to a qualified deportation lawyer in New York.
5. Relief based on extreme hardship and waiver.
If someone can’t get into the US through an immigrant visa or adjustment of status, they can ask for a waiver using the Application for Waiver of Grounds of Inadmissibility form (Form I-601).
Whether someone can get this waiver depends on what immigration benefit they are looking for and the reasons why they can’t enter the country. If you need to genuinely prove extreme hardship for your waiver application, get in touch with a deportation lawyer in New York.
7. Temporary relief under DACA.
Some noncitizens might be able to apply for temporary relief through a program called deferred action. Deferred Action for Childhood Arrivals (DACA) is a program that protects undocumented immigrants who came to the US as kids.
It gives them temporary protection from deportation and allows them to work or go to school in the US. Learn more about this option from a deportation lawyer in Elmhurst.
8. Getting the Special Immigrant Juvenile Status (SIJS).
This status is available for any immigrant who is under 21 and was abandoned or neglected by either a parent or custodian. A child in the United States must qualify by receiving an order from the court, demonstrating genuine needs for care due to neglect, abuse, or abandonment.
For more information about SIJS and other options, connect with a deportation lawyer in Elmhurst.
Get help!
Immigration laws can be complex and overwhelming for a noncitizen who may be placed in removal proceedings. If you are in removal proceedings, you can challenge your removal on various grounds. You can also request a stay of removal, which may temporarily prevent your removal from the United States.
Sometimes, you may be able to reopen your case and, therefore, have more avenues of relief. For example, you might be able to apply for US citizenship or lawful permanent resident status.
If you or someone in your family is facing deportation, you should talk with one of our skilled deportation lawyers in Elmhurst at Gehi and Associates. Our experienced immigration lawyers can help you make sense of both your situation and your options.
FAQs on deportation lawyer in Elmhurst:
- Who is a deportation lawyer?
A deportation lawyer is a lawyer who represents someone being deported from America. They represent you in court and try to discover legal ways to stop deportation. They are highly versed in immigration law and can assist you on the best way to protect yourself in court. They help in filling forms, representing you in hearings, and informing you of your rights.
- When do I need a deportation lawyer?
You need to hire a deportation lawyer right away when you have been issued a Notice to Appear (NTA). It is a notice informing you that the government desires to deport you, and you must appear in immigration court.
Don’t wait – immigration law is very complicated, and you have a higher chance of winning if you have a lawyer. Even when your case is a slam dunk, your lawyer can discover defenses that will be novel to you.
- How do you compensate a deportation lawyer?
The cost of deportation lawyers depends on the level of complexity of the case. The higher the level of complexity of the case, the higher the cost. Deportation lawyers will typically offer you a payment schedule so that you can pay them.
They typically charge a flat fee per hour. Remember, it typically is cheaper to hire a lawyer than it is to get deported and forfeit everything that you have worked for in America.
- Am I likely to receive an initial free consultation for my deportation case?
Yes, some firms offer an initial free consultation. This will help you get an initial assessment of your cases without any financial obligation.
- What are the most common ways to avoid deportation?
Asylum (if you will be persecuted where you were born), cancellation of removal (for lawfully permanent residents), adjustment of status (obtaining green card status), and waivers are the main ways to resist removal.
Prosecutorial discretion, voluntary departure, and special protections like VAWA for victims of domestic violence are also possible. Your deportation lawyer will talk about your case and determine what defenses exist.
- What happens if I fail to show up for my deportation hearing?
If you fail to show up to your immigration hearing, you will be deported in absentia. The immigration officer can have you deported and detained without a further hearing. Make sure that you show up for all your hearings or that your deportation lawyer requests a rescheduling when you have a good reason.
- How long is a deportation case?
Deportation cases may take some years or even longer to complete. The case will start with a Notice to Appear, master calendar hearing, and possibly an individual hearing. Each case is different – the easy ones will be a couple of months, but the complex ones with appeals will be 3-5 years. In some cases, having a deportation lawyer may actually accelerate the case.
- Can I have an immigration court interpreter?
Yes, you can have an interpreter if you are not an English speaker. The immigration court can provide you with an interpreter. This way, you will be aware of what is going on in your case and can participate actively in the proceedings. Inform the judge that you need an interpreter – you have the right.
- Can I appeal if I lose my deportation case?
Yes, you have 30 days from the day the judge makes a decision when you can appeal. An appeal will probably suspend your deportation while the appeal is pending. Appeals are handled by the Board of Immigration Appeals and take months to decide.
If your appeal fails, you can appeal to the federal court. Your deportation lawyer can determine if an appeal is in your best interest.
- What should I take with me to my first appointment with a deportation lawyer?
Take all your immigration documents with you, such as your Notice to Appear, other court documents, passport, visa documents, and green card if you have one. Take some of the documents in your life in the US, such as tax documents, school documents, work documents, and family relationship documents.
If you do have a little bit of criminal history, bring copies of your court documents with you, too. The more documents you bring with you, the better equipped you will be for your lawyer to assist you.
