5 Possible Defenses Against Deportation

 Posted on August 07, 2024 in Immigration

The possibility of being deported can be a frightening and intimidating thought to a noncitizen. This is especially true for asylum seekers who might face persecution and harm if they return to their home countries. Fortunately, the law offers some defenses for deportation from the United States. Understanding these defenses and hiring a California immigration attorney are important first steps to take if you are facing deportation or removal.

Denial of Charges

The US government may try to remove a noncitizen from the country for one of the following reasons:

• He or she committed a crime for which the punishment is deportation.

• He or she presents a threat to public safety.

• He or she violated the terms of his or her visa.

If the charge you are facing is untrue, then denying it can be a good defense in immigration court. It is the Department of Homeland Security’s responsibility to prove that you committed the offense.

Adjustment of Immigrant Status

Changing your status from nonimmigrant to immigrant may also help you avoid deportation. It may be a matter of getting your paperwork in order or, in some cases, obtaining sponsorship from a family member who has a green card or visa. 

Seeking Asylum

Seeking asylum is another way to defend yourself against possible deportation or removal. You may be able to seek asylum if you have a legitimate fear of persecution in your home country based on your religion, political views, race, nationality, or identity. An asylum seeker may eventually be granted a green card based on certain conditions. However, a noncitizen who commits a serious crime can become ineligible for asylum.

Cancellation of Removal

You may be able to avoid deportation by asking for a "cancellation of removal." To request this, however, you must meet certain requirements, such as:

• You have lived in the United States for at least 10 years.

• You have shown good moral character during that time.

• You have a relative who is a lawful permanent resident in the US who will suffer "exceptional and extremely unusual hardship" if you are removed.

Cancellation of removal is a discretionary remedy, however, meaning it is up to the judge whether to grant it or not.

Deferred Action/Prosecutorial Discretion

In some cases, the government may defer the action against you, meaning the case is put on hold and you are neither deported nor a lawful permanent resident. This is up to prosecutorial discretion, however, which means it is up to the prosecution to decide whether to defer the case. It is rare for the government to grant a deferred action. 

Contact a San Francisco, CA Deportation Defense Attorney

There are several more possible defenses against deportation from the United States. Hire a San Francisco, CA deportation defense lawyer who knows how to use them. At Hafey & Karim, we have an extremely high success rate because we work tirelessly to protect the rights of our clients. Schedule a free 20-minute consultation with an experienced attorney by calling 415-286-5056 today. We offer excellent legal services in English, Urdu, Spanish, Bengali, Hindi, and Punjabi.