There Are Options To Fight Deportation

By Nick Messe
Many U.S. immigrants are unaware of their options when facing a deportation case. They feel powerless to stop the legal procedure and they may flee their homes. Running away from the law however can cause far greater problems in the long run. For many legal immigrants, there are a number of ways to avoid deportation procedures.

Many immigrants may not be aware that they are eligible for waivers of deportation. These waivers are given out if an immigrant can prove that his or her departure would cause extreme economic and emotional hardship for their remaining family and friends. The term hardship is very vague and it can be proved in a number of ways. A defendant might have children that are U.S. citizens depending on their income or a legal spouse that does not work. A sympathetic judge may issue a waiver in cases like this.

The deportation procedures may be completely canceled for legal permanent residents. However, the following criteria must be met. The defendant must have been a legal permanent resident for at least 5 years, and they must have been living continuously in the U.S. for the past 7 years. They must also have not committed any felony.

There are options for avoiding deportation for non-permanent residents as well. Non-permanent residents can cancel deportation if they meet the following criteria. The defendant must have lived in the United States for 10 continuous years. The defendant must also prove that they have good moral character. If the person can show their deportation would cause extreme financial hardship for their family, the judge may look kindly upon the request.

A lawyer can help a person delay the deportation process through temporarily suspending the procedure. This gives a person time to apply for a new U.S. green card. The defendant can suspend deportation procedures if they meet the following criteria: they have lived in the U.S. continuously for 7 years, they display good moral character, they have not committed any felonies.

If the above options won't work in your situation, you may qualify for political asylum in the United States. Defendants can apply for asylum if they can show their safety is at risk if they return to their home country. They can claim they'll be persecuted for one of the following reasons, political beliefs, religious beliefs, race, or ethnic group. Proving that a real threat exists for a defendant can be very difficult but it's worth a shot if there are no other options.

The importance of a deportation lawyer cannot be overstated because these cases can be extremely complex. A defendant stands little chance of winning their case without an immigration or deportation lawyer. A good lawyer can navigate the legal system and improve your odds of staying in the U.S. Though immigration attorneys can be expensive, they are worth every penny.