Just because you are an immigrant facing deportation does not necessarily mean that you cannot stay in the U.S. despite the removal proceedings against you. Our deportation defense lawyer in Salt Lake City from Familia America is going to explain how a deportation order does not always mean that you have to leave the U.S.
In fact, there are quite a few options to avoid being deportation from the U.S. At the time when the Donald Trump administration continues to implement a plethora of restrictive immigration policies, including those that expand grounds to start deportation proceedings against immigrants, it may seem as though immigrants have no choice but to comply with the deportation order and leave the country.
“But this is not entirely true,” says our Salt Lake City deportation defense attorney. “If you are facing deportation and are held in a detention center, you may be able to stay in the U.S. legally, though your options would be limited under these circumstances.”
On the other hand, if you have been placed under an order of supervision in your deportation case, there are quite a few things you can to appeal the deportation order, stop the deportation temporarily or even permanently.
While it is advised to speak to an experienced immigration lawyer about your particular case, in general, there can be several options to avoid deportation or removal from the country:
- Apply for a stay of deportation or removal. You can apply by submitting Form I-246 in person at an ICE Enforcement and Removal Operations (ERO). By doing so, you are appealing the deportation order. The filing fee is $155 (do not forget to bring your passport, birth certificate or other ID document). In addition to that, you will need to demonstrate evidence supporting the reasons why the deportation order or removal proceedings should be halted (for example, you could bring medical reports, police reports, or other).
- Get a green card. Obviously, this is not a viable option for every immigrant facing deportation, as you need to qualify under the “family petition” or “asylum” categories to become a lawful permanent resident through a green card. You may want to consult with a Salt Lake City green card attorney to determine whether or not you will be able to get a green card (if you chose this option, you have no time to waste, because the process of obtaining a green card is quite lengthy and overwhelming).
- File a civil rights complaint. Every person in the U.S., including immigrants, have constitutional rights. If your constitutional or civil rights have been violated during arrest, detention or in the course of your court hearings, you may file a civil rights complaint with the Department of Homeland Security’s Office for Civil Rights and Civil Liberties (CRCL) to avoid deportation.
- Leave the country voluntarily. If none of the above options is applicable in your particular case, you may be able to request the permission of voluntary departure. “This option is possible only for those immigrants who are not held in a detention center,” explains our deportation defense attorney in Salt Lake City. If an immigrant judge approves your request, you will be authorized to stay in the U.S. until a specific date. Until that date, you will have to leave the U.S. voluntarily. Upon arrival to your home country, you will be able to go to the U.S. Embassy or consulate to verify that you left the U.S. voluntarily and report it to DHS. Thus, you will have no record of a deportation, which is important if you will ever want to return to the U.S.
It is important to speak to an experienced immigration lawyer about your particular case. Let our attorneys at Familia America determine the best legal strategy for your particular situation. Schedule a free consultation by calling at 801-656-9605.