If you have immigrated to the United States and have spent a significant amount of time making your home here, the threat of deportation is terrifying. If you are deported, it undoes all of the effort you have put into creating a life in the United States, and may even threaten your life (if you are facing danger or persecution back in your country of origin).
At Bueno Law, we are immigration warriors for people who have come to the U.S. for a better life, which includes protecting our clients from deportation by any means necessary. We have written this blog in order to help people who are facing removal proceedings understand their legal options. Give it a read to get to know the legal strategies that are available for protecting yourself and your loved ones from deportation!
Deportation, Removal Proceedings, And Who Is At Risk
Removal proceedings and deportation are terms typically used interchangeably but, technically, removal proceedings refer to the legal procedure that precedes deportation, and deportation is the actual act of removing a person from the U.S. back to their country of origin.
Deportation is a threat to people who are undocumented, but also those who are here on visas or green cards. People who are undocumented can be deported quickly and without trial unless they are afraid of going back to their country. Those who have visas or green cards can also be deported for infractions such as overstaying their time limit on their visa or not following guidelines. If you have a green card, you are significantly at risk of deportation if you are found guilty of a felony charge.
Regardless of your scenario, if you find yourself faced with removal proceedings, there are a variety of potential legal strategies you can use to preserve your place here in the U.S..
Adjustment Of Status
There are certain circumstances in which you can adjust your status in order to avoid removal proceedings. If you adjust your status, you can avoid removal proceedings and obtain a green card that will give you greater residency rights.
This legal defense is often effectively employed by:
- People who have family in the U.S who are citizens or lawful permanent residents.
- People who qualify for an adjustment based on T visa, VAWA, or U visa
If returning to your country of origin would put you at risk due to your religion, race, nationality, political opinion, or participation in a social group, you could qualify for asylum, which will give you legal residency free from the risk of deportation. The point of asylum is to help people who are at risk of persecution. Though claiming asylum can be a lengthy process that requires a lot of paperwork, it offers a reliable path to citizenship for people who are granted residency.
(Side note: At Bueno Law, we are GREAT at asylum cases – we actually win them, in or out of court! We have won 100% of our LGBTQ asylum cases and domestic violence-based cases, most outside of the one-year deadline. Call us if you need help with asylum! We got you!)
Cancellation Of Removal
If you meet certain requirements, you can defend yourself from removal proceedings through cancellation of removal.
- Non-Lawful Permanent Residents: If you have lived in the U.S. continually for at least 10 years, you must demonstrate that you are of strong moral character and have not incurred any criminal charges, and you must also demonstrate that your deportation would cause “exceptional and extremely unusual hardship” for a family member who is either a lawful permanent resident or a U.S. citizen.
For example, if you are the main caretaker of your citizen child who suffers from serious health issues or has a special diagnosis, you would be able to show that the child would suffer extreme and unusual hardship if you were deported.
VAWA Petition
A VAWA petition is a path to legal residency through a green card for non-citizens who have experienced cruelty or abuse in their relationship to a U.S. citizen. In order to qualify, you must prove that you suffered this cruelty and that it occurred in the U.S.
U Visa Or T Visa
There are certain visas available for people who are victims of crimes, including human trafficking and labor violations, who have participated with law enforcement to try to curb criminal activity. Though these types of visas only grant temporary residency status along with work authorization, they also come with the potential to earn permanent residency status.
Voluntary Departure
Voluntary departure is not a defense, but it’s a legitimate option if you want to avoid the ramifications of a deportation order. By leaving the U.S. voluntarily, you can avoid consequences that might bar you from eventually re-entering. Rather, you can have a better chance at securing legal residency for yourself than if you were served with a deportation order. Essentially, this strategy might be hard work, but it can help wipe the slate clean for you and give you greater opportunities down the line; however, if your life or safety will be at risk, this is not the option to choose.
Bueno Law Is By Immigrants For Immigrants
If you are facing removal proceedings or any other issue in your immigration journey, Bueno Law can give you qualified, compassionate, and fierce legal guidance. Our founding attorney immigrated to the U.S. from Brazil and went through the horrors of deportation as a teenager. As a firm with 16 years of legal experience, as well as personal experience with the immigration process, we understand the system inside and out. We also understand you, because we are you! We want to help others who are trying to achieve their own American dream. Reach out to us for a consultation to learn how we can make a difference and work to keep you in the country!