Under the presidency of Donald Trump, getting deported is more real than ever before. And it’s understandable why millions of folks who cross the U.S. border either illegally and legally are freaking out.
If you’re afraid of getting deported one day at the time of strict immigration policies, crackdowns on illegal immigration, and the Wall, all made possible by the Trump administration, you can sleep peacefully – whenever you are, in California, Texas or Utah – as there are deportation defense attorneys who will fight for your rights day and night to help you and your family stay in the U.S. and avoid deportation.
Even under the Trump administration, when the risk of getting deported is high as ever, things aren’t as bad as you may think. In fact, our Salt Lake City deportation defense attorney at Familia America Immigration law firm has outlined 15 common defenses to deportation to be used when you or any of your family members are scheduled for a deportation or removal hearing.
15 defenses to deportation recommended by attorneys
- Applications for Permanent Residency / Adjustment of Status. You can use the application for permanent residency, either based on an approved immigration visa petition, employment petition or green card family-based petition, to avoid deportation.
- Renewal of Form I-751 Removal of Conditional Residence. Avoiding deportation doesn’t have to be an impossible task, as all it takes for many individuals facing deportation is to file documents to renew the I-751 petition to use it as a defense. However, since you will have to present this defense before an immigration judge, it’s vital to be legally represented by an attorney.
- Criminal Waivers. Several criminal waivers can be used if you’re facing deportation due to a criminal past or any violation of the U.S. law.
- Noncriminal Waivers. Similarly, noncriminal waivers can be used by individuals on the brink of deportation based on a family relationship or employment.
- Asylum, Withholding of Removal and Relief under the Convention Against Torture. You’ll require the legal help of a Salt Lake City deportation defense attorney in order to collect evidence proving that you have suffered harm or fear that your wellbeing or life may be in danger upon return to your home country.
- Prosecutorial Discretion. Only an experienced government attorney can exercise his or her discretion to terminate the order of deportation or removal proceedings.
- Motions for Administrative Closure based on I-601A Eligibility. You can file an I-601A waiver to avoid deportation and close removal proceedings if you are married to a U.S. citizen or any of your parents has U.S. citizenship.
- U visa. You can apply for U visa status to get work authorization in the U.S., in such a way terminating removal proceedings and deportation.
- DACA. If you crossed the U.S. border as a minor and attended school in the U.S., you may be able to apply for DACA, aka Deferred Action for Certain Childhood Arrivals. However, under the Trump administration, using DACA as your deportation defense may be tricky, which is why you should be legally represented by a lawyer.
- TPS and NACARA. If you’re an individual whose home country has Temporary Protected Status or NACARA status, you may be able to avoid deportation by using this as a defense.
- VAWA and VAWA Cancellation of Removal. If you’re a victim of crimes protected under the Violence Against Women Act, you may be able to terminate the removal proceedings.
- EOIR-42B, Non-Legal Permanent Resident Cancellation of Removal. A deportation defense attorney can help you use the EOIR-42B defense to avoid deportation by proving your stay in the U.S. for at least 10 years, good moral character and that a U.S. citizen or legal permanent resident child, spouse, or parent will be negatively affected and suffer extreme hardship in case you are deported.
- Motions to Terminate. If any of the information or charges in your deportation proceedings are wrong or incorrect, you may be able to terminate the proceedings by filing a Motion to Terminate.
- Motions to Suppress. Only an experienced lawyer can help you request the Immigration Court to suppress the evidence that you allegedly violated constitutional due process.
- Voluntary Departure. As your last resort, you may have to return to your home country in order to voluntarily depart instead of being forcefully deported. Then, you can obtain a visa or green card to return to the U.S.
Consult our deportation defense attorneys at Familia America Immigration law firm to find out what’s the best defense to use in your particular case. Call our Salt Lake City offices at 801-656-9605 or fill out this contact form to get a free consultation. Se habla Espanol.