It is a terrifying situation when you or a family member are facing the prospect of deportation. While not possible in every scenario, there are some situations in which deportation can be stopped or postponed.
Notice to Appear
One way to potentially stop deportation is if the Notice to Appear wasn’t properly served. Defects in the process could mean the removal proceedings are invalid. If your Notice was sent to the wrong place or not sent to you at all, this may be a valid defense against deportation.
Removable Immigrant Status
The Department of Homeland Security (DHS) can only deport someone who is removable or deportable. The burden of proof is on DHS to show you are eligible for mandatory or optional deportation. You may not be removable if you are a US citizen or DHS failed to apply the correct legal precedents in your deportation case.
Incorrect or missing paperwork is a common cause of immigration issues. When a simple documentation or filing mishap is to blame for the deportation proceedings, a judge may decide to adjust the immigration status.
Asylum may be an option if you are an immigrant that has faced or fears you will face persecution in your home country. This is discretionary, and you must prove the existence or threat of persecution, among other things. However, if you are granted asylum, you may eventually be able to file for a green card.
If you are not in danger in your home country, voluntarily leaving the United States may be a good option to prevent further complications with your immigration status. Deportation can affect your ability to return to the US. So, leaving the country on your own may be preferable to deportation. Keep in mind you must request voluntary departure in this scenario.
T and U Visas
Victims of crimes like domestic violence or trafficking may qualify for a T or U visa. If you are facing deportation but have been or plan to assist law enforcement in investigating the crime, a U visa could be an option for you. T visas are meant for immigrants who are in the US due to human trafficking. T visa applicants must also be able to show that deportation would cause extreme hardship and harm.
Deportation is a serious issue, especially for immigrants that will not be safe in their home countries. The Law Office of Jason A. Dennis is here to help you stay safe and prevent deportation. Call us at (347) 868-6100 to schedule a free consultation.