Ways To Avoid Deportation
Deportation usually separates people from their families and jobs but can also put their lives at risk if their country of origin is unsafe. Recovering from such a disruption to your life can be almost impossible. Facing deportation may make you feel hopeless but you need to understand that no matter what situation you are in there are always options. All you need to do is understand the steps involved in preventing a deportation.
An experienced and knowledgeable deportation lawyer can use a number of steps and maneuvers to stop you from getting deported.
How To Stop A Deportation
Some of the things you can do to prevent a deportation include:
- Apply for political asylum: Hire a Deportation Defense lawyer to help you apply for asylum. If your asylum application goes through, you will be considered a refugee from your home country and you will not be deported.
- Apply for adjustment status: A person who is facing deportation can apply for adjustment of status to become a lawful immigrant. Aliens that may be eligible for this option are often facing removal proceedings because they do not have their paperwork in order.
- Cancellation of removal: This involves asking the court to change your status from an alien that can be deported to one that cannot. The conditions for a legal permanent resident and those for nonpermanent residents are different.
- Withholding of removal: It is often confused with political asylum. Withholding or removal involves a person applying for relief from deportation on the basis that they may be persecuted if they return to their country of origin. It does not have as many benefits as applying for asylum.
- Apply for a U-Visa: If you are an immigrant who has suffered physical or psychological abuse while in the US, you can apply for a U-Visa. A U-Visa allows you to stay in the U.S. and help law enforcement and government officials to investigate and prosecute the crime that happened to you.
- Voluntary departure: If you volunteer to depart from the United States instead of getting deported, you may still be able to come back to the United States at a later date. There are several conditions you have to meet before a court gives you voluntary departure.
What About A Motion To Reopen
A motion to reopen is when you ask a judge to reopen your case and reconsider a deportation order. You have to provide reasons and evidence on why you need the judge to review the order. A judge may recognize this in two situations:
- You received a deportation order in absentia: If the court made a decision in your case when you were not present in the proceedings, you can file a motion to reopen an in absentia decision. But you must persuade the court that you were unable to attend the proceedings because of circumstances such as serious illness and so on.
Important facts missing in deportation order: A change in circumstances such as your home country going to war or something similar could lead to a court reviewing your deportation order. You can also file a motion to reopen due to changed circumstances if you discover new evidence or facts that you did not know during your original proceedings.