Defenses Against Deportation

Non-U.S. citizens need a visa to stay in the United States. Foreigners who are in the country to work need an employment visa, for example. However, violating any criminal or immigration law can lead to the deportation or removal of a non-U.S. citizen from the United States. A deported non-citizen may also receive a lifetime ban from ever entering the country again.

If you’re a non-citizen living in the U.S. right now, or if you’re currently undergoing immigration proceedings, it’s a good idea to be informed about deportation. There are certain defenses against deportation:

Adjustment of Status

Occasionally, adjustment of status or application for permanent residency can be used as a defense against removal proceedings. However, this should be based on an approved immigrant visa petition in most cases.

Prosecutorial Discretion

Depending on the circumstances surrounding your case, the government attorney may use prosecutorial discretion to terminate the removal proceedings against a non-citizen. You can request this in writing backed by evidence to the Department of Homeland Security. It is a good idea to have an immigration law firm by your side. However, during the Trump Administration, this option became unrealistic.

U Visas

If you are a victim of a crime, coming forward to help in investigating the crime can make you eligible for U visa status. With this visa, you may be able to apply for work authorization in the U.S. The removal proceedings against you can be terminated if your application for the U visa is approved.

Motions to Terminate

In some cases, a non-citizen may be wrongly accused. If you find that the charges against you in the Notice to Appear issued by the government are incorrect, you might be able to file a Motion to Terminate. Again, it’s a good idea to have a lawyer. They can ask the Immigration Court to terminate the removal proceedings against you.

These are some of the steps you can take if removal proceedings are started against you. They are not the only options, by far. To avoid deportation, it’s always advisable to have a lawyer to help you correctly navigate Immigration Law.

Get in touch with The Costas Network Law Center at (216) 577-7612 – Ohio or (346) 333-0703 – Texas. You can also use this to contact us. We help clients apply for visas for temporary workers, as well as other visas.


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