Lincoln-Goldfinch Law - Abogados De Inmigración Handling Cases In USA

CALL OR TEXT US FOR A
CONFIDENTIAL EVALUATION

How Do You Avoid Deportation From The United States?

Deportation refers to the forced removal of foreign nationals from the United States when they are caught breaking US immigration laws. This article tackles the various ways to prevent being deported from the United States.

Avoid Being Deported From The U.S. If You Believe You Are Eligible For Deportation Or If You Are Already In Deportation Proceedings

Become A Law-Abiding US Citizen

Permanent residents in the United States are deported for committing certain crimes. Thus it’s wise to plan to become a fully-fledged US citizen; then, you can avoid being deported.

To become eligible to apply for US citizenship, you’ll need to hold a green card for five years. However, if you entered the United States as the spouse of an American citizen, you only need to wait for three years.

Become A Naturalized US Citizen

If you want to enjoy the full rights of a US citizen, there are several steps that you need to take. 

If you are not the spouse of a US citizen, you will need to hold a green card for five years and have spent 2.5 years living in the United States out of the last five years. If you are the spouse of a US citizen, you must stay for one and a half years of the past three years in the US before becoming a naturalized US citizen.

Remember that regardless of whether you’re married to a US citizen, you must not have gone overseas for over six months during this period.  Be careful if you plan to visit your home country for extended periods before becoming a fully-fledged US citizen.

Next, you’ll need to prove that you’re a moral individual who will be an asset to your community and the United States. Be prepared to prove your character in a formal, sit-down interview. If you are caught trying to lie to your interviewer to become a citizen, they will decline your application.

The final step in your journey to becoming a US citizen will involve studying for and passing a two-part test with a written English test and a civics test. The latter of which will test your knowledge of the US political system and US history. So, study well for your citizenship test before scheduling your test to increase your chances of passing and attending your swearing-in ceremony to become a US citizen.

Avoiding Deportation As An Asylum Seeker

Whether you enter the United States legally or illegally, traveling to the US as an asylum seeker can decrease your chances of being deported. But, you must apply for asylum within one year of entering the United States. To be eligible to apply for asylum in the US, you must have proof that you fled your home nation to avoid persecution.

For example, you’ll likely be an eligible candidate if you fear persecution and harm in your home nation for your culture, religion, or political beliefs. However, you will not be eligible to seek asylum in the United States if you were convicted of an aggravated felony and served five years or longer in prison.

Suppose you have committed an aggravated felony but served under five years in prison for your conviction. In that case, you can appeal a removal decision by proving that you would experience persecution if you returned to the country you fled as an asylum seeker. In this circumstance, you must fill out an I-589 form. If you are in the United States as an asylum seeker, contacting an experienced deportation attorney for assistance in appealing your removal is in your best interests.

Consider Voluntarily Exiting The United States

Suppose you don’t think you have a solid case to apply for the cancellation of your removal and want the option to reenter the United States in the future. In that case, you may want to consider voluntarily leaving the country.

To be eligible to voluntarily leave the country without being deported, you must be deemed an individual of sound moral character. You must have legally resided in the country for 12 months. You must also have the financial means to pay for your plane ticket to your country of origin and be willing to pay a departure bond. It’s worth keeping in mind that if you have committed an aggravated felony, your chances of being able to enter the United States voluntarily are higher if you apply for voluntary removal at the start of your immigration case.

If you would like to remain in the United States and build a new life for yourself and your family, you can avoid the possibility of forced deportation by respecting the laws of your new home. If you think you might get deported from the US soon, you can either appeal your deportation or voluntarily exit the country.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as green cards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job.
Share this story!

Contact A U.S. Immigration Attorney Today!

    Disclaimer: Contacting us using the website’s forms and phone does not create an attorney-client relationship.

    By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. You can reply STOP to opt-out of further messaging.

    Categories

    How To Find Us

    Austin Office
    Lincoln-Goldfinch Law – Abogados de Inmigración

    1005 E 40th St
    Austin, TX 78751

    Austin
    Call or Text: (855) 502-0555
    Fax: (512) 323-9351

    What Our Clients Say

    “This Lawfirm is great, very professional and helpful. I love that they are always in communication and always available for when you have questions . 100% recommended by me and my family. Thank you Lincoln-Goldfinch Law – Abogados de Inmigración”

    Go to Top