POSSIBLE RELIEFS FROM DEPORTATION IN THE UNITED STATES (PART I)

If the US government wants to kick you out of the country, they will start a process to deport you. If you find yourself in this mess, there are a few options you can look into, like leaving voluntarily, asking to cancel the deportation, changing your status, seeking asylum, and more. A lot of these choices can help delay or even stop your deportation, but getting them isn’t always easy and they might not work for everyone.

To boost your chances of staying in the US, it is a good idea to find an immigration lawyer in Dallas who knows the ins and outs of immigration laws. You and your immigration lawyer in Dallas can talk about all the possible ways to avoid being kicked out, which helps you make the best choice for your situation.

By the time you finish this post, you will have a better understanding of some common ways to seek relief and how they work.

Overview of removal proceeding

A removal proceeding is a legal process started by the US government to kick out a noncitizen living in the United States. It is also called a deportation proceeding.

This can apply to any noncitizen under the Immigration and Nationality Act (INA). In some rare cases, even US citizens who got their citizenship through dishonest means might end up in immigration court.

In these cases, the US government is questioning your immigration status, and you will need to show up in front of an immigration judge. The Executive Office for Immigration Review (EOIR) is in charge of the removal process. It is always advisable to get an immigration lawyer in Dallas to guide you through the process.

Details about the process

Usually, the process kicks off when US Immigration and Customs Enforcement (ICE) detains someone or sends a Notice to Appear (NTA). This paper says the person is “deportable” and explains why. The NTA might also have the date and place of the first hearing, or you could get a separate notice for that.

During the first hearing, called the master calendar hearing (MCH), the judge will take a quick look at your case, usually around 15 minutes. After that, they will set up a more detailed individual hearing where your case gets a closer look.

At this individual hearing, you can explain why you shouldn’t be deported. You and the ICE will share documents and give testimonies. You should endeavour to get an immigration lawyer in Dallas before you take any steps.

It is super important to go to your hearings. If you don’t show up, the judge might order your removal “in absentia,” which means they make a decision without you being there. The EOIR runs the immigration courts. If the judge decides to deport you, you can still appeal to the Board of Immigration Appeals (BIA). The government can also appeal the judge’s decision.

You can take your case to a federal court of appeals and maybe even to the Supreme Court. But keep in mind that federal courts have limited power to review removal orders, based on past court decisions and laws, so they might not take every immigration case.

Brief info about immigration relief

Even if the US government thinks you should be deported and wants to remove you, there are ways to fight against it. These options are called relief from removal. Relief from removal might let you postpone your deportation or show that you shouldn’t be deported in the first place. You might also be able to challenge ICE’s decision to deport you.

Possible ways to stop deportation

Here are some common ways to try to get relief from removal, though this isn’t a complete list. Some options might fully stop a removal proceeding, while others could delay it or let you look for other solutions.

1. Leaving voluntary

This means you choose to return to your home country by yourself. If you do this, the deportation order won’t be on your record. It is usually easier to get this option early in the process.

You can ask ICE or the immigration judge for this option, but they can say no, so it is not guaranteed. Whether you get it depends on the judge. If you have certain criminal records, you might not qualify.

• Pros and cons of this option

This option has good and bad sides. If you get deported, the US government often won’t let you back in for five to ten years. But if you leave on your own, you can avoid that waiting time.

However, if you have lived in the US illegally for a year or more, you already face a 10-year ban on returning. A good thing about leaving voluntarily is that there is no criminal penalty for coming back after you leave. But if you were deported, there are penalties for trying to come back.

The biggest downside is that you agree to leave the US and give up your right to appeal. Plus, you will have to pay your own costs, including a bond, to make sure you leave on time. Before you take this option, speak with an immigration lawyer in Dallas to assess your situation.

2. Pursuing cancellation of removal

Under immigration law, cancellation of removal lets some people who have lived in the US for a long time stay here. This process also cancels your removal order, so ICE can’t deport you. But the rules for getting your removal cancelled depend on your immigration status.

• How does the process work for green card holders?

You might qualify if you:

• Have been a lawful permanent resident (LPR) for at least five years.
• Have lived in the US continuously for at least seven years after entering legally.
• Don’t have serious criminal convictions.

Like with the option of leaving voluntarily, the judge can choose not to grant cancellation for green card holders. You will need to prove you meet the requirements.

• How does the process work for non-green card holders?

Getting this relief can be hard. You might qualify if you:

• Have been physically present in the US for at least 10 years.
• Have shown good character during that time.
• Don’t have certain convictions that could lead to removal.
• Can prove that your removal would cause serious problems for a spouse, parent, or child who is a US citizen or LPR.

The BIA has explained that “unusual” hardship will result from such factors as the alien’s age, health, and circumstances of the qualifying family member. Illustrations of situations that could amount to this level might be dependence on you for an older parent or a child who has serious medical problems. But a generally lower standard of living without your presence would not typically be sufficient to present hardship in deportation cases to an exceptional degree. You can learn more about this from an immigration lawyer in Dallas.

• How this option works under the Violence Against Women Act (VAWA)?

The VAWA offers relief from removal in the United States for an alien who has been subjected to battering or extreme cruelty by a spouse or parent who is a US citizen or a lawful permanent resident. VAWA protection also applies to victims of domestic violence whose US citizen children are aged 21 years or older.

To be eligible for cancellation of removal under VAWA, you must:

• Have continuously resided in the United States for at least three years.
• Have good moral character.
• Have not been convicted of one of the enumerated crimes.
• Demonstrate that your removal would result in exceptional hardship to yourself or your child under twenty-one years of age or parent.

If you appear to be a good fit for this option, speak with an immigration lawyer in Dallas to make a strong VAWA case for you.

Get help!

If you are dealing with removal proceedings and want to avoid being deported, it is smart to contact a good immigration lawyer in Dallas. You should do this as soon as possible to discuss your choices.

At Gehi and Associates, our immigration lawyers can review your case, and identify any defenses you might have. We can also help you collect the needed paperwork, draft legal arguments, prepare any witnesses, and go with you to your immigration court hearings.

Get in touch with us now!