The threat of deportation can be a major stress on your life. Any non-citizen of the United States can be deported for a wide variety of reasons. Certain people are at a far greater risk for deportation than others. Undocumented immigrants and non-citizens with a criminal record are the most likely to be deported. United States Immigration and Customs Enforcement (ICE) is the federal agency responsible for deportation. ICE uses their Enforcement and Removal Operations deportation officers to identify and remove persons who are in violation of U.S. immigration law. If you are facing deportation, it is essential to seek out attorney services in Fort Lee. If deported, it may not be possible for you to lawfully return, so getting it right is extremely important. We have the knowledge and expertise to help you defend your case for residency. Below is a list of common defense strategies to familiarize yourself with in the meantime.
You may file for dismissal if you were wrongly charged. This option is key for those who are actually citizens. It is also a great defense if the charges against you do not match grounds for removal.
Cancellation for a Battered Spouse
The Violence Against Women Act protects battered spouses and children from deportation.
Request for Asylum
If you fear returning to your home country, applying for asylum may be your best option. You must prove that you would likely face persecution based on race, religion, political affiliation, or similar reasons.
Temporary Protected Status (TPS)
TPS may be applied for if it is temporarily unsafe to return to your home country.
In some cases it makes sense to file an appeal for deferment. For example, if you are eligible for protection under the Deferred Action for Childhood Arrivals policy.
If you have been the victim of a crime and are currently assisting law enforcement officials, or are willing to assist them, you may be eligible for a U visa.
Appeal for Protection under the Nicaraguan Adjustment and Central American Relief Act (NACARA)
This act provides relief from deportation to certain individuals from a small list of countries (not just Nicaragua) who meet specific criteria. If you qualify for NACARA benefits you will be granted a Permanent Residence Card (commonly referred to as a “green card”).
Appeal for Protection under the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT)
This categorization is different from a request for asylum. To apply for CAT you must prove that you are likely to be tortured upon return to your home country. There is a specific definition of torture in relation to CAT, and we can help you better understand it.
If all else fails, voluntary removal is a viable option to avoid a mark on your immigration record. Avoiding a mark on your record will give you a much better chance at legally returning in the future.
These are just a few examples of how you might be able to fight deportation. Give us a call today so we can learn more about your specific case.