There are a few options when facing deportation. Both green card holders and non-permanent residents can seek a cancellation of removal, however, there are a number of requirements that must be met.
For permanent residents, this includes having lived in the U.S. for at least seven years, having no felony convictions, and having been a lawful resident for five years or longer.
Temporary resident immigrants, on the other hand, can seek a stay by having no deportable convictions on their record, demonstrating an extreme hardship that would result for their deportation, and having lived in the U.S. for 10 years or longer.
In addition, you may put a stop to deportation with asylum protection, if you have reason to believe you will be persecuted in your home country, or through an adjustment of status if you have a visa, permanent resident status, and an employer or family member who petitions the immigration judge.
What Are Removal Proceedings?
Deportation proceedings start if you receive a Notice to Appear (NTA) from Immigration and Customs Enforcement (ICE). If you receive one, it means that ICE believes you have entered the U.S. illegally or that they believe you are in the U.S. without authorization.
What Are the Grounds for Deportation?
There are 5 categories:
- Entering the country illegally or without property authority
- "Status Violations" -- this means violating the term of admission to the U.S. or working in the U.S. illegally
- Being convicted of a crime or being associated with certain prohibited organizations
- Asylum application was denied
- You are an alien who became a public charge within the first 5 years of entering the U.S.
How to Stop Removal Proceedings
There are many ways to defend against deportation. Below are just some ways to prevent or stop removal proceedings in Texas.
- You were falsely served with an Notice to Appear. If the notice was sent to the wrong address or sent to your attorney instead of directly to you, you may have a case.
- You are not deportable. If you are a U.S. citizen, you may not be removed. In the case that you have a criminal record, understand that not all crimes are deportable. Go over your options with a deportation defense lawyer.
- You are in the middle of adjusting your immigration status. In some cases, immigrants may forget to extend their papers (such as a student visa), however, if you entered the U.S. lawfully, you may be able to adjust your status to being "lawfully present".
- Are you facing persecution in your home country? Asylum and withholding of removal are options for you.
- Cancellation of removal and adjustment of status is available for both non-permanent residents, permanent residents, and battered spouses/children. Meet with a deportation attorney in Houston to understand the specific qualifications for this.
Can You Adjust Status if You Entered Illegally?
If you entered the U.S. illegally, meaning you were not inspected by an officer of Customs and Border Protection (CBP) upon entering, then you lose the right to adjust status and you will be removed. Your options would be to apply for a visa and green card at a U.S. consulate abroad.
What is a Deportation Bond?
If the deportation process has started, the federal government has the ability to hold a person in custody. If they are not dangerous to the public and they are least likely to flee or if they have been convicted of a crime, then they may be released on bond. If they are a national security risk, then they will be held without bond. The deportation bond must be paid in cash and come through a relative, friend, or professional bondsman.
Mana Yegani Will Advocate for You
In most immigration cases, you have one shot at winning. The guidance of an experienced deportation lawyer is invaluable, and Ms. Yegani is prepared to fight for your case. If you have trouble getting an immigration bond, a delay in your visa renewal, or a family member facing removal from the U.S., Ms. Yegani can come to your aid as soon as possible.
- Last-Minute Trump Memo Defers Deportation for Venezuelans
- Deportation much more common under Trump Administration
Call Ms. Yegani at (832) 981-2170, or contact her by email. Se habla español