30 Sep Top Ways to Fight Deportation With an Immigration Lawyer
Receiving a notice that you may be forced to leave the country is a deeply unsettling experience. You have built a life here, formed connections, and laid down roots for your future. The thought of that being upended can feel unfair, but this is not a moment to lose hope. It is a moment to take action.
There are powerful legal strategies you can use to protect your place in the United States. Henry & Grogan is dedicated to helping people like you through some of life’s most challenging immigration matters, including immigration appeals and fighting deportation and removal. Your journey is important to us, and we are ready to stand with you. Contact us today to discuss your case and let us fight for your American dream!
How the Deportation Process Works
When the government seeks to remove a non-citizen from the country, it initiates a formal process known as removal proceedings. It typically begins with a document called a “Notice to Appear” (NTA), which orders you to appear before an immigration judge. You will have a series of hearings where the government presents its case against you, and you have the opportunity to present your defense. An immigration judge will ultimately decide whether you can legally remain in the U.S.
Check out our detailed explanation of your rights when facing deportation, as well as insights into the top deportable offenses, so you can better protect your future.
Common Defenses Our Immigration Lawyers Use
Facing removal proceedings may seem intimidating, yet many effective legal avenues exist to defend your case. Here are several key strategies our law offices frequently employ to help clients remain in the United States.
Requesting a Cancellation of Removal
For certain individuals who have lived in the United States for many years, cancellation of removal can be a lifeline. This form of relief allows an immigration judge to stop your deportation and grant you a green card. To qualify, you generally need to show continuous physical presence in the U.S. for a required period, demonstrate good moral character, and prove that your removal would cause an exceptional and extremely unusual hardship to a qualifying U.S. citizen or lawful permanent resident relative.
Applying for Asylum or Withholding of Removal
If you fear returning to your home country because of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. As a refugee seeking protection, a grant of asylum would halt your deportation and provide a path toward permanent residency.
A related defense is withholding of removal, which prevents the government from sending you to a country where your life or freedom would be threatened, even if it does not lead to a green card.
Adjustment of Status Through Family or Employment
It is sometimes possible to apply for a green card even while you are in the middle of removal proceedings. This process is called adjustment of status. If you have an eligible family member, such as a U.S. citizen spouse or parent, who can file a petition for you, or if you have a valid employment-based visa petition, our immigration attorneys can help you request that the immigration judge approve your application for lawful permanent residence.
Seeking Relief Through Waivers of Inadmissibility
Immigration law is complex, and certain past actions or conditions can make a person “inadmissible” or “deportable.” A waiver acts as a form of legal forgiveness for these grounds.
For instance, if a particular conviction or an immigration violation is the reason for your removal proceedings, a waiver can overcome that barrier. Obtaining a waiver often requires a strong argument showing that your U.S. citizen or permanent resident family members would suffer extreme hardship if you were deported.
Prosecutorial Discretion and Deferred Action
In some cases, we can request that the government attorneys exercise prosecutorial discretion and agree to close your removal proceedings. This option is typically reserved for cases with compelling humanitarian factors and is considered a low priority for enforcement.
A similar tool is deferred action, which does not provide lawful status but does temporarily halt any deportation efforts and can allow you to apply for work authorization.
Appealing a Deportation Order
An unfavorable decision from an immigration judge is not the end of the road. You have the right to challenge that outcome.
We can file a petition for review by taking your case to a higher authority, such as the Board of Immigration Appeals (BIA). The BIA reviews the judge’s decision for legal errors.
For denials of certain applications with the United States Citizenship and Immigration Services, we can also file appeals with the Administrative Appeals Office (AAO). A strong appeal requires a sophisticated argument grounded in immigration law.
Don’t Risk Deportation — Turn to Our Immigration Law Firm in Philadelphia for Help!
Your future in this country is too important to leave to chance. Facing the government in immigration court alone can have permanent consequences for you and your family. Henry & Grogan can be your staunch advocates, fighting for your right to remain. We are committed to helping you pursue every available option, from building a defense in front of an immigration judge to filing an appeal with the Board of Immigration Appeals. Call now and let our team provide the guidance and representation you need!