The topic of deportation is uncomfortable for many immigrants. They may have their own fears or strong concerns for their family and other loved ones. Some immigrants are unaware of their rights, and this confusion can lead to them getting into legal trouble. It may also result in a violation of their rights. Individuals facing deportation or those with loved ones who are facing deportation need to know how to react to situations that could result in the initiation of deportation. The following points identify a few legal ways to challenge deportation.
This is an option that allows individuals who are in the legal process of getting deported to file paperwork to obtain a green card. Removal proceedings may be underway for many of these individuals, but this can offer a glimmer of hope.
Temporary Protected Status
The U.S. may allow an immigrant to remain in the U.S. if they can provide proof that their home country is not a safe place for them to return to. There are a variety of situations that could prove this claim. Well-known wars and prevalent terrorist attacks may provide this protection against deportation.
Whether war or peace exists in the home country, some individuals may face persecution or death if they are deported back to their home countries. Sometimes things such as religious beliefs are viewed with extreme scrutiny, and political asylum can offer the possibility of protection.
Cancellation of Removal Process
This is a common option but it requires strict criteria. It generally applies to individuals who have been in the U.S. for several years and acted in a manner that is comparable to being a law-abiding citizen. Criminal record and residency length are strong determining factors. This is why all immigrants should aim to not get involved with criminal activities and establish a lifestyle that shows a desire to live in the U.S.
An immigration lawyer is a good resource to use to understand how to create a deportation defense strategy. They will understand how to navigate the judicial process. This can prove beneficial because some immigrants do not speak or write in English. Language barriers may exist for some who speak English as a second language because their strength may lie in verbal communication rather than writing and understanding written English. Understanding the legal jargon associated with filing paperwork can further complicate processes. Errors in paperwork due to misunderstanding and miscommunication can result in less than favorable results. Immigration attorneys can involve translators and other professionals in the deportation defense strategy to ensure that the process is handled correctly.
Contact an immigration attorney to learn more about your options.