The prospect of deportation can be scary for any individual, as well as for their family or loved ones who depend on them.
There are many reasons that the Department of Homeland Security may be considering removal proceedings, but the three most common are the commission (or allegation) of a crime, the expiration of the allotted time stated on a valid visa, or unauthorized entry into the United States.
If you have received a notice to appear in court regarding a deportation issue, do not despair. Depending on your circumstances, you may be able to present a successful defense in court.
Ways to Fight Deportation Proceedings
Your first line of defense is to examine the allegations against you. After all, mistakes can happen, and DHS may have notified you in error. It is important to check to make sure that they have provided the right information regarding your status on their notice to appear. Verify dates, visa status, and if applicable, the criminal charges which they have listed.
There are several options available to you which you may not even be aware of. Each of these remedies has their own set of qualifications which may keep you in the country, so it is important to have the professional advice of an immigration attorney.
- Waivers of Inadmissibility & Cancellations of Removal: Under the Immigration and Nationality Act these waivers offer legal remedy to those found to be “removable” from the country. It may be linked to cancellation of removal, which is another form of relief under the INA that effectively operates parallel to waiver of inadmissibility.A successful claim will include the collection of required extension documentation, and then convincing the immigration judge that not only do you qualify for the relief under the applicable immigration laws, but that you deserve the relief based upon your situation.The judge has full discretion in these matters, so there is no guarantee of success – but your immigration attorney will give you the best chance at presenting your case in the most positive light.
- Cancellations of Removal for Extenuating Circumstances: Even if you are undocumented, you may be able to obtain a cancellation of removal if certain mitigating conditions are present. These may include a need for asylum because of violence, or if your removal would cause undue hardship on your children.These cancellations are usually tied to a minimum time living in the United States (between 3 and 10 years) and a clean criminal record.
- Dispute of Characterization of your Crime: If the notice to appear deems you removable for a criminal offense, you may be able to refute the allegation. In order to be removed for the commission of a crime, the act must rise to the level of moral turpitude or an aggravated felony.The legal definitions of these categories is in constant flux in immigration courts, so you may very well be successful challenging the nature of your crime. Moral turpitude is generally defined as conduct that is considered contrary to community standards of justice, honesty, or good morals.Crimes involving moral turpitude are considered inherently base, vile or depraved in relation to society’s standard of conduct.
- Deferred Action or Prosecutorial Discretion: The agency seeking deportation may use their discretion to stop proceedings, drop charges, or grant legal status.
If all else fails, it may be in your best interest to leave the country voluntarily, Complying in this way keeps your immigration record “clean” and makes it easier to successfully reapply for admission via a visa in the future.
Overall, the nuances surrounding these issues are complex – and potentially life changing. If you have been served with a notice to appear in regards to deportation, you may only have one chance to present your case. Don’t go it alone – call the Tampa or Sarasota based immigration attorneys at Probinsky & Cole.
