Basic Facts And Steps To Avoid Deportation
If you, or a loved one, has been served with an order of
deportation, it's not the end of the road. You may still be able to remain in the U.S. There are different ways for you to take action and
avoid getting deported.
First and foremost, you need to consult with an immigration attorney. They can give you the best approach for your particular predicament. After that here are some other options you can consider regarding the possibility of getting deported.
Request Voluntary Departure
One option is to consider requesting a voluntary departure from the judge hearing your case. Of course, this means you must leave the country, which isn’t usually the ideal scenario. However, it keeps the order of deportation off your record, which means that you will have less difficulty returning to the country at a later date.
Seek Asylum
Once you seek counsel from an immigration attorney, they may advise that you consider the option of applying for asylum. But, not just anyone will be granted asylum. You must be seeking asylum from your country of origin due to some pending danger.
The courts grant asylum to those people who have been persecuted or will face persecution upon arriving in their country of origin due to their race, religion, political belief, or other group memberships.
Suspension of Deportation
It is possible that you are eligible for a suspension of your deportation orders. Requests for a suspended deportation are granted sparingly and only if you have a good reason. Your immigration attorney will make sure to present your case clearly and logically to give you the best chance for a successful suspension.
So, what situations qualify for a suspension of deportation?
The first criteria is how long you have resided in the United States. A suspension of deportation may be granted to people who have physically resided in the United States for at least seven years, all that while maintaining a law-abiding way of life.
An exception can be made for abused spouses, children, and parents of battered children, who can be awarded a suspension of deportation if they have resided in the United States for three years. But, you will have to prove that you or your family will face an extreme hardship or danger if you are returned to your home country.
Lastly, you may also be eligible for a suspension of deportation if you can prove that leaving the United States would cause an extreme hardship on any relatives who are U.S. citizens or permanent residents.
There’s good news and bad news with all of this. The good news is that if when you apply for a suspension of deportation and you are successful, you are granted a permanent residency! The bad news is that under current law, only 4,000 people per fiscal year are granted a cancellation or suspension of deportation.
Withholding of Deportation
When you apply for a withholding of deportation, also referred to as withholding of removal, you are stating that you have a strong probability of suffering persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
There are a couple differences between withholding of deportation and asylum. People who receive withholding status can’t apply for legal permanent residence. And if they ever travel outside the U.S., they will not be granted re-entry.
Contact an Immigration Attorney
Avoiding being deported from the United States can be a complicated and difficult process. It behooves you to consult with an immigration lawyer to give you expert guidance in order to make sure you are afforded the same legal rights as anyone else. Whocanisue.com can help you locate an immigration attorney in your area who specializes in immigration law and deportation cases.