Whether you have already been served a “Notice to Appear” in the Immigration Court or you fear that you could be on the brink of deportation (because of President Donald Trump’s immigration policies or for any other reason), you may want to learn your rights and all possible deportation defenses that will prevent your removal from the U.S.
The problem is: if you do a quick research about deportation defenses in Utah or anywhere else across the United States, you will notice that most websites fail to give clear answers. Today, we invited our Salt Lake City deportation defense attorney from the Familia America Immigration law firm to give concrete answers that will help you avoid deportation.
It is NOT too late to seek asylum to avoid deportation
Many immigrants in Salt Lake City and elsewhere in Utah tend to think that it is too late to seek asylum – or be granted withholding or Convention against Torture (CAT) protections – to prevent deportation or cancel the removal order. But you could actually still qualify for relief from removal.
Needless to say, you have no time to waste when it comes to applying for asylum in order to prevent your removal from country or deportation (the bureaucratic process can be quite exhaustive and long).
You can cancel deportation even if you were placed into removal proceedings
No, being placed into removal proceedings does not mean that you are doomed to be deported, nor does it mean that there is nothing you can do. If you have a green card (or, in other words, are a lawful permanent resident), you may want to seek legal advice of a Salt Lake City deportation defense lawyer who would help you qualify for Cancellation of Removal.
However, you may be ineligible to be protected from deportation after filing for Cancellation of Removal if you have NOT been living in the United States for at least 7 years since being legally admitted into the country or living for at least 5 years under the permanent residence status before being placed into removal proceedings.
Also, in order to qualify for Cancellation of Removal, you must prove that you have never been convicted of an “aggravated felony” relating to immigration.
But you can qualify even if you do not have a green card
No, just because you are not a green card holder does not mean that you are ineligible for Cancellation of Removal. Under federal and state immigrations laws in Salt Lake City and all across Utah, you must prove that (a) you have lived in the United States for 10 years as a non-green card holder or undocumented immigrant, and (b) your removal from the country would cause “exceptional and extremely unusual hardship” to your spouse (wife or husband), child or children, or parent, but only as long as that person is either a U.S. citizen or a permanent resident.
What about marrying a U.S. citizen?
Perhaps the most popular way to avoid deportation that has been around for decades is marrying a U.S. citizen or permanent resident. Our Salt Lake City deportation defense attorney from the Familia America Immigration law firm explains that this deportation defense, called “adjustment of status,” remains quite widespread and straightforward.
In order to “adjust your status” and avoid deportation, you must marry a U.S. citizen or permanent resident – or if one of your immediate family members (spouse, children, parents) are already in the United States and are U.S. citizens or permanent residents, you can ask them to file a petition for you to get you a family visa.
You may want to speak to our skilled immigration attorneys at the Familia America Immigration to find out what would be the best deportation defense in your particular situation. Let us help you. Call our offices at 801-656-9605 or fill out this contact form to get a consultation. Se habla Espanol.