The United States takes a tough stance on immigration fraud and other actions that warrant removal from the country. However, such an aggressive approach to deportation means that innocent and well-meaning people are at constant risk of being wrongfully removed from the country. For example, someone who forgets to file a change of address form or renews their green card too late could be sent back to their home country.
If you or a family member has been arrested and is at serious risk of deportation, do not wait any longer to get the legal assistance you need. Call the deportation & removal attorneys Wong Fleming at 281-340-2074 now.
The Deportation Process in the United States
The process often begins with an ICE arrest or a Notice to Appear. This involves appearing before an immigration judge who will tell you the reason for your apprehension and make a final decision regarding your deportation. A lot depends on whether your case is a standard deportation case or an expedited deportation. Hundreds of thousands of deportation cases are waiting to be heard by an immigration judge, so those who are not facing expedited proceedings may have a long time to wait.
Different Options to Avoid Deportation or Removal
Upon finding out that you or a family member could be deported, it’s important to connect with a Sugar Land immigration attorney immediately. There are many ways to avoid removal and remain in the United States legally, but a regular person does not know how to exercise these options to protect themselves. Some of the options we may explore at Wong Fleming include:
• Asylum: Asylum is one way to avoid deportation. It is generally available to those who have faced or would face significant persecution or life-threatening danger in their home country as a result of their political beliefs, religion, race, nationality, or inclusion in another group. You must request asylum within one year of entering the country.
• Withholding of removal: Withholding of removal is similar to asylum in several ways. However, you do not have a one-year time limit to request it. To be granted withholding, you must prove that there is a clear probability of future persecution if you return to your home country.
• CAT: The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is another option to explore. If returning to your home country would put you at risk of being tortured by the government or an outside group that the government cannot control, the United States cannot force you to return there. Note, though, that the United States may still be able to relocate you to a safe third country.
• Cancellation of removal: Perhaps you have lived in the United States for an extended period of time, are a pillar of your community, and have strong ties within your community. If so, you may be eligible for a cancellation of removal. When determining whether or not this is a viable option, immigration court will generally look at the balance of the immigrant’s positive and negative factors.
• Waivers of removal: You may be eligible for removal if you should not have been permitted to enter the country in the first place. You may, however, be granted a waiver of removal if your deportation would cause significant hardship to your family members who are American citizens or permanent residents. This option is generally used to protect those who engaged in fraud to enter the country or have a criminal background that would have disqualified them had it been disclosed.
• Adjustment of status: You may request an adjustment of status if you meet certain qualifications. This is a valid option for those who entered the country under specific conditions, only to stop meeting those conditions at some point. For example, consider an individual who entered the country because of their marriage to a U.S. citizen, only to divorce some time later. If they can request an adjustment of status that would allow them to seek permanent residence based on other grounds, they may escape deportation.
• Voluntary departure: While this is definitely a last resort, it is still one to consider. If every other options fails you and you are slated for deportation, leaving the country of your own free will may be your best option. This may keep the door open for you to return to the United States in the future.
No matter what path is best for you, take action immediately to start working with a deportation defense lawyer in Sugar Land. Immigration courts can be merciless, and without an attorney, you risk losing the life you have worked so hard to build.
Reach Out Now—Don’t Wait to Protect Yourself From Deportation
At Wong Fleming, we work around the clock to help our deportation defense clients fight their removal. Talk to a team member now by calling us at 281-340-2074.