Can My Deportation Process Be Stopped?

Deportation is a life-altering event that can uproot individuals and families, often leaving them feeling powerless. Overstaying a Visa or facing legal issues can make the threat of deportation terrifying. However, there are legal mechanisms that can stop the deportation process, providing hope and a pathway forward.

Facing deportation can change lives, leaving individuals searching for options to remain in the United States. In this article, learn about the legal avenues that may stop removal proceedings and the steps required to pursue them. See how understanding these options can help build a path forward.

What Is Deportation?

Deportation, also known as removal, happens when the U.S. government requires someone to leave the country for breaking immigration laws. Authorities initiate this process to address violations and maintain legal standards for staying in the United States. Common reasons for this include:

Entering the country without proper authorization.

• Overstaying a Visa beyond its allowed period.
• Convictions for specific criminal offenses.
• Committing fraud or misrepresentation on immigration forms.
• Failing to comply with the conditions of a Visa.
• Participating in activities deemed a threat to public safety or national security.

The process starts with a Notice to Appear (NTA), which outlines the allegations against the individual and signals the beginning of removal proceedings. An immigration judge reviews the case to decide if the person can stay or must leave the U.S. This step marks the formal start of the process and requires immediate attention to legal options.

Deportation often results in severe consequences, such as separation from loved ones, loss of employment, and instability. Despite these challenges, individuals facing removal are not without recourse. They have legal rights and can present defenses to challenge deportation, but timely action and preparation are critical.

Can You Appeal Or Reopen Your Case?

If removal proceedings don’t go in your favor, there may still be opportunities to challenge the decision. Legal remedies offer a second chance to present your case or address errors in the initial decision. These options are vital for individuals who uncover new evidence, experience changing circumstances, or identify mistakes in their case.

Appeals To The Board Of Immigration Appeals (BIA)

Individuals can challenge decisions made by immigration judges by filing an appeal with the Board of Immigration Appeals (BIA). This process helps those who identify legal errors or notice overlooked key evidence. To appeal, individuals submit a brief explaining their disagreement, supported by legal arguments and documentation.

Individuals must file appeals within 30 days of the judge’s decision, making swift action critical. The BIA reviews the case to determine whether the judge followed immigration laws and procedures correctly. A successful appeal can lead to a new hearing, a revised decision, or even a case dismissal, providing new opportunities for those fighting removal.

Motions To Reopen Or Reconsider

A motion to reopen introduces new evidence or facts unavailable during the original hearing. Individuals present documents, testimony, or updates to personal circumstances that strengthen their argument against removal. Based on this new information, the motion seeks a fresh case review.

A motion to reconsider identifies legal errors in the interpretation of the law or evaluation of the facts. It includes a detailed explanation of the decision’s flaws, supported by legal precedent or updated insights. Filing either motion delays deportation, giving individuals time to pursue additional remedies and strengthen their cases.

Understanding the options to appeal or reopen your case highlights the importance of acting swiftly when removal proceedings begin. While appeals and motions provide opportunities to challenge decisions, other legal avenues can address the situation earlier or prevent removal altogether.

What Are Your Options Against Removal Proceedings?

Facing the possibility of being forced to leave the U.S. is a stressful and emotional experience. For many, staying in the country legally means preserving their family ties, livelihood, and stability. There are options available under immigration law that may allow you to remain. Here are some examples to consider.

Adjustment Of Status

Adjustment of status allows an individual to halt removal proceedings by applying for lawful permanent residency while remaining in the U.S. This option changes an individual’s immigration status, making deportation unnecessary if approved. It’s often available to those with family ties, job opportunities, or VAWA protections.

Filing Form I-485 during removal proceedings can pause or terminate the case while the court reviews the application. If approved, the process grants permanent residency. This change provides an opportunity for a more stable future in the U.S.

Asylum & Withholding Of Removal

Asylum and withholding of removal are defenses that can prevent deportation for individuals facing persecution in their home countries. Both options protect those targeted due to their race, religion, nationality, political views, or group membership. Filing for asylum can stop removal, letting individuals stay in the U.S. during the review.

To apply, individuals must file Form I-589 and provide evidence of credible fear, such as documents or testimony. Withholding of removal also prevents deportation but requires a higher burden of proof and does not lead to permanent residency. Both defenses offer safety and the chance to avoid returning to dangerous conditions.

Cancellation Of Removal

Cancellation of removal is a legal option that can stop deportation and grant lawful permanent residency to qualifying individuals. This remedy applies to those who meet strict criteria and require a compelling case before an immigration judge. The eligibility requirements differ for permanent and non-permanent residents.

For Permanent Residents

Permanent residents may qualify if they have lived in the U.S. continuously for at least seven years and held lawful permanent resident status for at least five years. They must also have a clean record without convictions for serious crimes. This option provides a path to remain in the U.S. legally while avoiding removal.

For Non-Permanent Residents

Non-permanent residents must demonstrate ten years of continuous residence and maintain good moral character. They must also prove their removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or lawful permanent resident relative. This defense requires strong evidence and personal testimony to succeed.

Deferred Action For Childhood Arrivals

Deferred Action for Childhood Arrivals (DACA) offers temporary protection from deportation for individuals brought to the U.S. as children. This program acknowledges the unique circumstances of specific individuals, granting them a chance to stay legally. To qualify, you must meet age, residency, and education requirements, including:

• Arriving in the U.S. before turning 16.
• Maintaining continuous residence since June 15, 2012.
• Being enrolled in school, graduated, or having earned a GED.

While DACA is not a permanent solution, it provides renewable two-year periods of deferred action. During this time, recipients can lawfully live and work in the U.S., gaining stability and opportunities. However, since DACA doesn’t grant permanent residency, recipients should monitor updates and consider other immigration options.

How Can Lincoln-Goldfinch Law Help You Stay In The U.S.?

Facing removal proceedings or the threat of being forced to leave the U.S. is a serious matter that requires thoughtful action. Our team at Lincoln-Goldfinch Law – Abogados de Inmigración is here to provide the guidance and representation you need. We take the time to listen to your story, understand your situation, and explore every available option.

When presenting a strong case for your stay, we work closely with you to develop a personalized plan. We aim to simplify the legal process, ensuring you know your rights and the steps involved. We are ready to assist when you need someone to fight for your future.

Summary

Deportation is a serious matter, but it doesn’t mean the end of your time in the U.S. Legal defenses such as adjustment of status, asylum, cancellation of removal, and procedural challenges provide avenues to fight removal. Filing appeals or motions can also create opportunities to reverse or delay a deportation order.

Lincoln-Goldfinch Law stands by your side, offering guidance and advocacy to help you build a brighter future. Don’t wait—take action today to explore your options and protect your rights.