Ways to Stop Deportation in Immigration Court

You can be deported if you are an immigrant living in California and commit a deportable felony. Deportation is the process by which the Immigration Department sends an immigrant back to their home country. Deportable crimes, often of moral turpitude, are serious transgressions that show a lack of respect for or disregard for societal values in their commission. You could commit these offenses with the intention of being evil or cruel, examples include rape, murder, and arson.

Deportation is a serious matter since it means that your routine and way of life will be interrupted. It entails leaving behind your home, loved ones, and life here. The immigration department handles deportations of immigrants. You are compelled to begin your life in a nation you left years ago and had no intention of returning to.

However, you can avoid deportation with the assistance of a knowledgeable immigration lawyer. Fortunately, several methods are available through which you can use to accomplish this once the matter is in immigration court. They include the following:

Arguing That You Were Improperly Served with a Notice To Appear

An immigration court will convene a hearing to determine your case and establish if you deserve deportation. The judge examines the available evidence and hears testimony from immigration officials supporting the need to remove you from the country. You are also permitted to present supporting documentation and witness testimony. The judge makes the final decision based on the evidence they receive.

But the court must send you a Notice to Appear before the hearing. The notice should outline the hearing's date, time, and reason. The court must serve it according to the law to ensure you receive this notice in time to prepare for trial. You could challenge the entire legal procedure if you did not receive the notice or the court did not properly serve it.

You could skip the hearing because you did not receive the notice. This can result from the court sending the notification to the incorrect address. You could also have missed the notice since your immigration lawyer was the only one who received it. You must be informed and prepared for the hearing so the court can proceed.

You Are Not Subject To Deportation as Charged

Only deportable aliens are subject to deportation. The onus of proof rests with the Department of Homeland Services to establish your deportability. Based on the specifics of your case, the government must demonstrate that you are liable for either optional or forced deportation. There are circumstances under which you cannot be subject to deportation even after committing a deportable felony. These are a few of them:

• You are a U.S. citizen — Deportation only affects immigrants who are citizens of other nations.
• If your criminal history leaves doubts regarding whether your prior transgressions fall under the category of deportable or inadmissible offenses. Remember that you are only subject to deportation if you commit a crime of moral turpitude. Other crimes not regarded as deportable crimes will not lead to removal.
• If DHS failed to apply any judicial rulings to your situation as it should.

Be aware that even if you face deportation, you can qualify for discretionary protection from deportation by requesting asylum. It helps to retain the services of a knowledgeable immigration lawyer immediately after your arrest for a deportable crime.

Adjusting Your Immigration Status to Immigrant

While immigrants come to the country to live and work permanently, non-immigrants do so briefly and for a specified reason. You must ensure your paperwork is in order once granted entry to the country. Many foreigners wind up in immigration courts because they fail to do this. For example, if you entered the nation on a student visa and plan to stay here longer than the visa allows, you must extend it.

If you risk deportation, changing your immigration status is a great idea. You can seek the assistance of an immigration court if you have legally entered the country. When you are currently in the United States, the procedure aids in your application for a Green Card or lawful permanent residency. It implies that you can apply for a Green Card without finishing the visa process in your country of origin.

However, you must determine whether you qualify for a Green Card. You can apply for a Green Card in several ways under U.S. immigration law. Depending on the immigrant category you are interested in, you could need to meet different eligibility requirements to change your status. As a first step, determine which specific immigration category you fall under.

Applying for Asylum

Aliens seeking asylum are typically those who fear persecution if sent back to their home countries. If you face deportation, it is a discretionary relief to consider. You can obtain a Green Card after applying for asylum. You can be eligible for asylum if you demonstrate that you have already met or fear persecution in your home country. The basis for persecution could be based on the following criteria:

• Religion.
• Race.
• Political opinion.
• Nationality.
• Belonging to a particular social group, like LGBTQ.

You have one year from admission to the United States to file an asylum application if you left your country due to persecution on one of the grounds mentioned above. There are several advantages to doing so, including:

• You are granted the right to reside and find a job in the country.
• You can apply for a Green Card. It gives lawful permanent residency or the right to apply for citizenship.
• The protection and privileges you obtain are also extended to your spouse and children below 21 if they accompany you to the United States.
• The flexibility to travel anywhere in the world is another benefit.

But the court can revoke your right to apply for asylum if you face accusations of a serious crime, like a drug felony.

Note: There are no strict requirements for submitting an asylum application. But in the following situations, the court can revoke your grant:

• If the government decides that a change in circumstances has rendered your fear of facing persecution in your country unfounded.
• You commit an offense that makes you inadmissible to the United States.

Withholding Removal

If you face deportation, this can be a necessary relief to consider. But it can be challenging to acquire and offers only a few advantages. Unlike asylum, this relief only provides two key benefits:

• It does not have a one-year deadline by which you must apply.
• The court will approve your application if you meet all the requirements.

However, withholding removals requires a stronger case for domestic risk than an asylum application. You must demonstrate that returning to your home country will put you at risk of persecution to be eligible.

However, if you face charges for a particularly serious crime, you can forfeit your opportunity to petition for withholding removal. Also, you will not be able to accomplish any of these with your application:

• International travel.
• Become a permanent legal resident or citizen of the United States.
• Ask the court to grant your close relatives a derivative status.

Note: There is no legal definition of a particularly serious offense that impacts your eligibility for asylum or for withholding removal. But having a prior conviction for at least one aggravated felony on your record can constitute a severe felony. One significant felony conviction could bar you from requesting asylum. If you have received a cumulative minimum sentence of five years for at least one serious felony, you can also be ineligible for withholding removal.

Seeking CAT Protection

You can qualify for relief under CAT protection if you demonstrate that you will be tortured after returning to your native country. This relief prevents the government from deporting you to a country where you will likely face torture by your government or an organization your government cannot control (like ISIS).

However, you will not gain anything if you find relief through CAT protection. For example, if a safe third country is prepared to accept you, this remedy does not hinder the government from deporting you there.

If the situation permits, you could be relieved if you qualify. It implies you can submit an application for CAT protection, withhold removal, and asylum all at once.

Canceling Removal and Adjusting Status

Another discretionary relief to consider if you face deportation is canceling your removal. It can be advantageous if you have lawfully resided in the country for several years and/or have close ties to your community. However, your eligibility to cancel your removal is contingent on the following particular elements:

• Those who have a Green Card.
• You are not a permanent resident of the United States.
• If you are a battered child or spouse.

You must also demonstrate that you deserve to remain in the country.

If your reasons for being in the United States outweigh your need to be removed, the court can allow your petition to cancel your removal. 

Legal permanent residents facing deportation must demonstrate the following to qualify for the cancellation of their deportation:

• You have been a Green Card holder for five years.
• You have resided here consistently for at least seven years.
• You have never been guilty of a severe felony before.

You can remain a legitimate permanent resident in the country if the court grants your petition to stop the removal.

Non-permanent residents of the United States can also request the cancellation of their deportation. But you need to show that your deportation will put a close family member who is a Green Card holder or a citizen of the United States through hardship. You must demonstrate the following particular elements for the court to grant your request:

• You have physically lived in the United States for ten years or more.
• Your deportation will probably be extremely difficult for your close family member, an American citizen, or a Green Card holder.
• You have exhibited excellent moral character throughout your tenure in the United States.
• You do not have a past inadmissible crime conviction on your record.

Note: You cannot use financial difficulty as an extremely unusual hardship that a close family will likely endure due to your deportation. The suffering you describe in your petition must be significantly more challenging than the simple challenges you could face by relocating to a developing nation. Examples include insufficient medical attention or withholding resources.

If the court approves your petition, your immigration status will change to lawful. You can apply for a Green Card at that point.

You must provide evidence of the following if you are an abused spouse or child requesting that your removal be canceled:

• That your abuser is an American citizen or a Green Card holder.
• You have continuously lived in the country for at least three years.
• You have always had exemplary moral principles.
• You are not marked as inadmissible to the United States.
• You will go through a lot of hardship if you are expelled from the country.

Adjusting Your Immigration Status with a 212(h) Waiver

A discretionary waiver enables permanent legal residents about to be deported due to certain criminal convictions to change their immigration status to legal. This clause, often called the 212(h) waiver, is found in the Immigration & Nationality Act. The following are examples of offenses that a court can dismiss under this law:

• Moral turpitude crimes.
• Multiple criminal convictions for at least two offenses, each carrying a five-year minimum sentence.
• Serious crimes for which the court claimed exemption from punishment.
• One count of simple possession of marijuana weighing a maximum of 30 grams.
• Prostitution-related offenses.

For significant or grave felonies, like murder and torture, as well as a conspiracy or attempt to commit such crimes, you cannot obtain a waiver. But you must prove the following to qualify for relief under this statute:

• You have lived in the U.S. continuously for a minimum of seven years.
• You have never been sentenced to an extremely serious crime before.
• You do not have a prior conviction for murder, torture, or related offenses on your record.

Additionally, you must fit into one of these groups:

• You ought to have spent at least fifteen years in rehabilitation.
• Your deportation will probably cause a close family with a Green Card or an American citizen to endure challenging times.
• You have experienced domestic abuse by an American citizen or a Green Card holder.

Suspension of Deportation Under NACARA 203

NACARA is a statute that permits asylees from particular countries, like Cuba, Guatemala, El Salvador, and those formerly part of the Soviet Union, to halt deportation processes against them. Refugees from the specified countries who met the following criteria were primarily granted relief according to the original law:

• Those who immigrated to the US before 1991.
• They applied for asylum before the deadline.
• If they are from El Salvador or Guatemala, they must be registered to obtain benefits under American Baptist Churches Versus Thornburgh or the ABC Class Action Settlement Agreement.

Under this provision, you are not qualified for relief if your criminal history includes a prior conviction for an aggravated crime. But candidates who have additionally experienced battery or severe cruelty can be subject to relief.

The court will decide whether you are eligible for NACARA relief if you meet the criteria. You need to persuade the judge by demonstrating the following:

• Whether you have lived continuously in the US for seven years without a criminal record or ten years with one.
• You have shown over the time you have lived in the country that you are a person of high moral character.
• You are a child or spouse who has suffered abuse.
• You do not have a history of serious felonies.
• A close family who holds a Green Card or is a citizen, like a child, parent, or spouse, will suffer greatly due to your removal.
• You deserve this relief.

Your immigration status will change to that of a Green Card holder or a legal permanent residence if the court grants your request to halt your deportation under this statute. Additionally, you will be permitted to live in the country with your immediate family, including your parents, spouse, and kids.

Find an Experienced Los Angeles Immigration Attorney Near Me

You could lose all you have worked hard for if you are deported from the United States. That includes your home, career, and relationships with friends and family members. But if you face deportation in California, you can fight it with the aid of a knowledgeable immigration lawyer. Fortunately, the law offers several options for preventing deportation in an immigration court. To give you the best advice possible, our knowledgeable attorneys at California Immigration Attorney will carefully review the specifics of your case. We will safeguard your rights and simplify the complicated legal procedures for you. We will battle with you to obtain a successful solution for your circumstance. Contact us at 424-789-8809 to find out more about our services.