Deportation & Removal Defense
What are your options?
If a person is ordered deported by an immigration judge, he or she may be eligible for some type of relief or immigration defense. These are some of the possible forms of relief from deportation:
- Cancellation of removal for Permanent residents
- Cancellation of removal for Non-Permanent residents
- Adjustment of Status (Green Card)
- Asylum
- Deferred Action or Prosecutorial Discretion
- Voluntary Departure
- Stay of Removal (Form I-246)
If you are seeking an immigration attorney to assist with your deportation and removal defenses or if you have any questions, please call us at 405.600.9910. Free consultation available.
Cancellation of removal for Permanent residents (Form EOIR-42A)
This form of relief is for green card holders (lawful permanent residents - LPR). INA §240A allows the Attorney General to grant relief if the following conditions are met:
- The person has been an green card holder for a minimum of five years;
- Has resided in the United States continuously for 7 years after having been admitted in any status; and
- Has not been convicted of any aggravated felony.
Cancellation of removal for Non-Permanent residents (Form EOIR-42B)
INA §240A also allows the Attorney General to grant relief to non-permanent residents (persons who do not hold green cards). This standard is more difficult to satisfy than the standard for permanent residents. Here are the requirements:
- Non-permanent resident has been physically present in the United States for a continuous period of at least 10 years immediately preceding the date of such application;
- Has been a person of good moral character for ten years;
- Removal would result in "exceptional and extremely unusual hardship" to his/her spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Cancellation of Removal Factors
The INS allows non-citizens to apply for cancellation of removal for those who continually resided and established significant ties in the United States. This enables certain deportable non-citizens to remain in the country regardless of their deportable status (subject to limitations).
Favorable factors for cancellation of removal:
- strong value and service to the community
- strong family ties in the United States
- length of time residing in the United States
- continual employment
Negative factors for cancellation of removal:
- criminal record (especially if it includes multiple violations)
- no evidence of rehabilitation of the criminal record
- bad moral character
- significance of removal grounds
Adjustment of Status (Green Card)
A deportable person may prevent deportation if he or she is eligible to obtain a green card through marriage to a US citizen or other means. Please see the Adjustment of Status (Green Card) section for more information. In such cases, we may seek to terminate your removal or deportation case, so your U.S. citizen spouse can apply for your permanent resident status. Please keep in mind that with the recent law changes, legally married same-sex couples are also entitled to such relief. Please visit same-sex marriage page for more information.
Asylum
Asylum is available to persons who have a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion," as defined by INA §101(a).
Deferred Action or Prosecutorial Discretion
Please visiting the following pages for more information on Deferred Action or Prosecutorial Discretion
Voluntary Departure
If all other defenses fail, voluntary departure may be requested. Voluntary departure allows deportable persons to avoid stiff penalties and the stigma associated with deportation. These penalties include a ten-year ban from legally entering the United States from the date of deportation.
Voluntary departure is available to those who 1)have not committed a serious crime; 2) has the intent and financial means to depart the US; 3) good moral character for the last five years; and 4) shows physical presence in the US for one year prior to the Notice to Appear (NTA).
Stay of Removal (Form I-246)
Even if you or your loved one has been ordered removed, you may be eligible for a stay of removal. A stay of removal allows ICE to put off a person's removal from the United States for a set period of time. This relief is very discretionary by ICE and is determined on a case by case analysis. The most common circumstances that ICE is agreeable to a stay of removal is when there is a medical emergency of a family member. Other reasons may include additional time to finalize their financial obligations or family obligations. Typically, a stay of removal means that ICE will not deport you for a period of time, usually 1 year.
This is a very discretionary form of relief and it is highly recommended that you contact an immigration lawyer to help you with filing the required forms and filing fees.