San Francisco Deportation Defense Attorneys

Options for Defense Against Deportation in San Francisco, CA

Deportation can be one of the biggest fears that immigrants may face while living in the United States. Fortunately, there are several legal options that may be available to defend against deportation. By taking steps to avoid removal from the U.S., immigrants can receive authorization to remain in the country while maintaining a legal immigration status and working for U.S. employers. At Hafey & Karim, we work to ensure that our clients are always fully informed of their options, and we provide strong, effective legal representation during deportation proceedings. Our goal is to ensure that our clients can address any immigration issues they encounter and live together with their families in the United States.

Options for Defense Against Deportation

Immigrants who face deportation may have their lives upended. They may be held in detention by immigration officials while they wait for their cases to make their way through the courts, and if they are removed from the United States, they may be separated from their families and forced to return to countries where their health and safety may be at risk. Fortunately, there are multiple options that may allow a person to remain in the U.S, including:

• Asylum: Immigrants who fear persecution in their home countries because of characteristics such as race, membership in certain groups, or political opinions can apply for asylum. If granted, asylum will allow a person to remain in the U.S. and eventually apply for a Green Card. For immigrants who are already involved in removal proceedings, defensive asylum may be an option. A person can also apply for affirmative asylum to ensure that they will be protected against deportation in the future.
• Withholding of Removal: This protection is similar to asylum but requires a higher burden of proof. It prohibits the U.S. from deporting a person to a country where their life or freedom would be threatened. While it will not grant a person lawful permanent resident status, it will allow them to continue living in the U.S. and maintaining employment indefinitely.
• Cancellation of Removal: Lawful permanent residents can apply for this form of relief if they meet certain residency requirements. Non-permanent residents can also apply for cancellation of removal based on extreme hardship that a family member would suffer if they were deported, and they will also need to meet residency requirements and demonstrate good moral character.
• Adjustment of status: Immigrants who are eligible for a Green Card through family sponsorship or employment may apply to become lawful permanent residents. If they can successfully adjust their status, this may ensure that they will be able to remain in the United States on a permanent basis.
• Waivers of Inadmissibility: Deportation proceedings may be initiated due to certain grounds of inadmissibility, such as unlawful presence in the U.S., criminal convictions, or previous immigration violations. However, these grounds can be waived under specific circumstances. Waivers may allow immigrants to remain in the U.S. and adjust their status or apply for a Green Card. A person will typically need to demonstrate that a family member would experience hardship if they were not allowed to continue living in the United States.
• Temporary Protected Status (TPS): This immigration status may be granted to people from certain countries based on safety concerns such as wars or natural disasters. TPS allows immigrants to live and work in the U.S. for a designated period without fear of deportation.
• Prosecutorial discretion: In some cases, immigration authorities may exercise discretion and agree not to pursue a deportation case. Forms of discretion that may be granted can include administrative closure of the case, deferred action, or a stay of removal. Prosecutorial discretion is typically considered for people who have compelling humanitarian reasons for remaining in the United States or strong ties to their communities.
• VAWA: To protect victims of domestic violence, the United States has implemented the Violence Against Women Act. Under this law, immigrants who may rely on a family member such as a spouse or parent for sponsorship can seek protection if they have suffered abuse at the hands of the sponsor. They can file petitions for permanent resident status without the need for sponsorship, and this can provide them with protection against deportation. This option is available to both women and men who have experienced domestic violence or abuse.

Contact Our San Francisco, CA and Dallas, TX Deportation Defense Attorneys

The experienced attorneys at Hafey & Karim are dedicated to helping immigrants defend against deportation and address other legal issues that may affect their status in the United States. We work to ensure that our clients will be able to live and work alongside their loved ones and build successful, productive lives in safe communities. Get in touch with us and arrange your initial consultation with an attorney by filling out an online contact form.