Facing deportation is a problem impacting many immigrants. It can be a tedious and humiliating process especially if you have already built a life and a foundation with people here in the United States.
There are several deportation defenses available for individuals depending on their circumstances. If you think that you or a loved one is on the verge of being deported, or you are attempting to avoid such a circumstance as much as possible, read on this FAQ to help you find answers to the top ten most asked questions about deportation defense.
Once you’ve read through the FAQs, or educated yourself otherwise, The Victoria Law Group is happy to schedule a conversation with you about your options.
If you are in need of a deportation defense or you want to avoid getting deported as much as you can, you should know about the following defenses available for you:
Yes, a marriage-based green card often raises red flags that make USCIS question the marriage. If you are facing removal proceedings because of a marriage-based green card or you want to have the right deportation defense, you should know that the following are the red flags that often make USCIS question the validity of the marriage:
At the end of the day, if the marriage is legitimate or if the relationship already pre-exists long before any removal or deportation proceedings, you should have no worries showing off that your relationship is legitimate. However, if you do decide to go down the path of a marriage-based deportation defense, the best thing you can do for yourself is to hire a lawyer who can really help you with your concern.
Seeking asylum in the United States is another possible deportation defense. Whenever an individual is said to be seeking asylum, he is asking for political protection from the United States. He is seeking such protection because it is impossible for him to return to his own country. An asylum-seeker must prove that he would face some persecution in his home country due to different factors. Political opinions, nationality, religion, race, or membership in a particular social group are some of the factors that an individual must prove whenever he is seeking asylum in the United States.
Seeking asylum is considered as a deportation defense because you are already in the United States and you are seeking help. On the other hand, this concept is different from when you are applying for refuge because individuals seeking refuge are usually not yet in the United States.
Currently, the Department of Homeland Security (DHS) has a backlogged system. It can take years before the process is done. It is a thorough process involving a lot of paperwork and interviews. The applicant’s past criminal convictions, background information, and family background will also come into consideration. If you do not know how to speak in English, you must provide your own interpreter and legal representation at no cost to the United States government. It is only after the interview that the case will be checked for eligibility. Once eligible, the case will be forwarded to an immigration court for assessment by a judge.
Once you have been granted asylum status, keep in mind that you must wait for 150 days to apply for employment during the pendency of your request. If your asylum request is granted before the lapse of 150 days, you are already qualified to work. You may also petition to bring your family to the United States. After five years, you may already apply for citizenship.
If you want to use a U Visa as a deportation defense, you may also do so. A U Visa is a special kind of visa. It is given to victims of certain crimes. Crimes like sexual assault and domestic violence crimes fall under this definition. If you have been a victim of such crimes and you cooperated with law enforcement and show that you suffered because of the crime, you can be granted a U visa. However, the grant of a U Visa is really dependent on a case by case basis. It is a very strict visa application and it also does not guarantee that you will not be removed from the United States while your application is pending. This is considered as an option by many immigration lawyers if the other options are no longer applicable. You must show that you are a model citizen and that it is still in the best interest of the United States to keep you in the country. It is a long and tedious process but it is still an available option.
A public charge can affect your deportation case depending on the immigration status that you are applying for. Keep in mind that public charge ground of inadmissibility is dependent on a lot of factors. However, the most commonly affected immigration status application is the family-based category. In fact, there is no need for you to have received public benefits in order to be subject to the public charge inadmissibility. In a way, you must keep in mind that your economic status is the best way to prove that you are not subject to the public charge inadmissibility. In relation to a deportation, a public charge weighs negatively on you and your case.
An H-1B working visa is a specialized kind of visa that allows United States companies to employ workers under a special visa. This applies for specialty occupations that need technical expertise in specialized fields. If you plan to work for a US company that needs specialized skills such as finance, accounting, IT, engineering, science, and mathematics, among others, you may be eligible for this kind of visa.
Unfortunately, there is already a visa cap and it is highly unlikely that you will get a successful H-1B visa petition. The petitions also usually last for up to 6 years so it is easier to apply for a non-immigrant visa than an H-1B visa. Because of the long process, employers are forced to apply for L-1B for specialized workers, L-1A for managers and executives, E-2 Treaty Investor visa, E-1 Treaty Trader visa, E-3 for Australians, to get the workforce they need.
A legal permanent resident or a lawful permanent resident are the green card holders. According to the DHS website, they are the non-citizens who are legally allowed to live permanently in the United States. They do not have restrictions and enjoy all of the benefits that come with being a United States citizen. There are a lot of categories for one to be considered as a legal permanent resident but the most common way to get the status is for the purpose of family reunification, economic and humanitarian immigrants, as well as immigrants from countries with relatively low levels of immigration to the United States.
DACA or the Deferred Action for Childhood Arrivals is a very specific permit or immigration status. To be eligible for the DACA program, the National Immigration Law Center provides that the following are the eligibility requirements, such as:
*Information from the National Immigration Law Center.
A Special Immigrant Juvenile Status (SIJS) is an immigration status given to children who are in the United States and who need the protection of a juvenile court. The child must have been neglected by a parent, abandoned, or abused. Once he is classified under Special Immigrant Juvenile status, the child will then qualify for the green card.
As a last resort to prevent deportation, you may choose to voluntarily leave the United States. One of the more severe effects of deportation is the permanent ban of the individual from coming into the United States. If you voluntarily leave the United States, however, you may still enjoy the privilege of applying for a visa in the future.
However, this process still requires compliance with specific requirements. You have to request for voluntary departure at the beginning of the removal or deportation proceeding. It should not be done before the conclusion of the proceedings. You can request for voluntary departure from the DHS or the judge depending on the stage of the proceeding, but again, you should never do this when you are near the conclusion and your removal from the country is imminent.
Other than the time of your application, make sure that you have comply with procedural requirements as well such as withdrawal of all other pending applications for relief, admission that the DHS allegations for your removal are true, and that you waive your right to appeal. You must also show proof that you have been present in the United States for at least a year, that you can produce the required travel documents, that you have the means to depart from the country, that you are a person of good moral character, and that you must post a bond.
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