GUIDE TO FIGHTING DEPORTATION CASES IN THE UNITED STATES

Introduction

If you are not a United States citizen and you are trying to immigrate to the United States, making sense of the intricate regulations of US immigration law can be quite a task. It gets even more so when the threat of removal from the country impends. Understanding the intricacies of the immigration process and how that impacts one’s status will, therefore, be hugely important in such cases.

You may have options available to you, including obtaining a green card or US citizenship through naturalization. Each of these options has its own eligibility criteria based on your employment situation, family relationships, and showing good moral character. An immigration lawyer in Dallas can help you assess your suitability for any option.

This post provides an overview of the various methods of preventing removal or deportation and obtaining legal status.

More relief options from deportation

    1. Relief based on discretion

This relief is something you can request once removal or deportation charges against you are pending before an Immigration Judge. The burden of establishing that you are entitled to a favorable determination is on you. But an immigration lawyer in Dallas can help you discharge this burden.

USCIS officers will consider all relevant facts regarding your case, including but not limited to whether you are a lawful permanent resident and your moral character. Each case shall be judged on its individual merits, considering all the factors before an immigration judge.

If you cannot meet the legal requirements of immigration judges and USCIS, then they will have the power to deny your applications. If you are convicted of a serious crime, that can also be a good reason for the denial of your application. If you know of any fact that may complicate your case, quickly notify an immigration lawyer in Dallas.

   2. Seek asylum status

This status is protection that forbids returning to your home country. Asylum applies to persons who are being persecuted in their home country, often for things such as race, nationality, religion, political views, or particular membership within a social group. With asylum, an alien granted it will legally reside within the US and could enjoy a path towards permanent residence or US citizenship. You also can legally bring your spouse and unmarried children to the United States with you. Check with an immigration lawyer in Dallas to see if this option fits your situation.

Under the Immigration and Nationality Act, there are two types of asylum relief. The first is called affirmative asylum, and the second is defensive asylum.

Affirmative asylum is for aliens already in the United States who want protection from persecution. You may apply for affirmative asylum if you are not in removal proceedings. You must file Form I-589 within one year of your arrival in the United States.

Defensive asylum is for individuals who are already in removal proceedings or facing deportation. It allows people present their case for asylum to an immigration judge, generally after the initial application was denied by USCIS. For more information on the defensive asylum process, you should contact an immigration lawyer in Dallas directly.

    3.Apply for the Temporary Protected Status (TPS)

One way noncitizens can find relief is through the Temporary Protected Status (TPS). This is a special status given to people from certain countries when something happens that makes it unsafe for them to go back home.

With TPS, people from these countries can live and work in the US for a set time. The decision to give TPS usually depends on things like natural disasters, ongoing wars, or other serious situations. You can go through the TPS process smoothly with the help of an immigration lawyer in Dallas.

    4. Requesting to adjust your status

This is a way for someone to change their immigration status in the US from a temporary visa to a permanent resident.

People who can apply for this usually have a spouse, family member, or employer who can sponsor them. However, if someone has a criminal record, missed court dates, or didn’t leave after being told to, they probably can’t apply for this option. You can find more details about adjusting your status by talking with an immigration lawyer in Dallas.

     5 File for administrative appeals and judicial review

If either a person facing deportation or the Department of Homeland Security (DHS) doesn’t agree with an immigration judge’s decision, they can appeal to the Board of Immigration Appeals (BIA) to try to change the ruling.

The BIA is a group that can interpret federal immigration laws. They need to get the appeal within 30 days of the judge’s decision. Federal Courts of Appeal can also hear some cases that come from the BIA. If someone doesn’t like what the BIA decided, they might be able to take it to federal court.

A noncitizen has 30 days to file a judicial appeal after a final removal decision. This process can be pretty complicated, so it is a good idea to talk to a qualified immigration lawyer in Dallas.

    6. Relief based on extreme hardship and waiver

If someone can’t get into the US through an immigrant visa or adjustment of status, they can ask for a waiver using the Application for Waiver of Grounds of Inadmissibility form (Form I-601).

Whether someone can get this waiver depends on what immigration benefit they are looking for and the reasons why they can’t enter the country. If you need to prove extreme hardship for your waiver application genuinely, get in touch with an immigration lawyer in Dallas.

    7. Temporary relief under DACA

Some noncitizens might be able to apply for temporary relief through a program called deferred action. Deferred Action for Childhood Arrivals (DACA) is a program that protects undocumented immigrants who come to the US as kids. It gives them temporary protection from deportation and allows them to work or go to school in the US. Learn more about this option from an immigration lawyer in Dallas.

   8.Getting the Special Immigrant Juvenile Status (SIJS)

This status is available for any immigrant who is under 21 and was abandoned or neglected by either a parent or custodian. A child in the United States has to qualify by receiving an order from the court, demonstrating a genuine need for care due to neglect, abuse, or abandonment.

For more information about SIJS and other options, connect with an immigration lawyer in Dallas.

Get help!

Immigration laws can be complex and overwhelming for a noncitizen who may be placed in removal proceedings. If you are in removal proceedings, you can challenge your removal on various grounds. You can also request a stay of removal, which may temporarily prevent your removal from the United States.

Sometimes, you may be able to reopen your case and, therefore, have more avenues of relief. For example, you might be able to apply for US citizenship or lawful permanent resident status.

If you or someone in your family is facing deportation, you should talk with one of our skilled immigration lawyers in Dallas at Gehi and Associates. Our experienced immigration lawyers can help you to make sense of both your situation and your options.

Reach out to us today!