Can I Fight Deportation?
Although the United States Immigration law allows specific individuals to acquire green cards or remain in the country, it also provides more ways to fight against deportation. Many immigrants may not be aware of remedies like asylum, cancellation of removal, or withdrawal of removal.
If the Department of Homeland Security has sent you a Notice to Appear, revealing that you are deportable from the U.S., there are things you can do to remain in the country. Below are the various possibilities of fighting deportation in the U.S.
Grounds for Deportation
Several grounds set by the Immigration and Nationality Act warrant the removal of non-citizens. Some of the common grounds include:
- Aggravated felonies - An aggravated felony is a class of crimes with severe immigration consequences. The crimes include murder, kidnapping, rape, drug trafficking, money laundering, and firearm trafficking.
- Moral Turpitude - Deviant behaviors constituting unjust, unethical, or an immoral departure from usual social standards can be a reason for deportation. Moral turpitude includes crimes like rape, manslaughter, and other sexual offenses.
- Drug-related conviction - Deportation can occur if there is evidence of illegal drugs possession or drug addiction.
Other grounds include unlawful possession of firearms and crimes of domestic violence.
If you were deported for any of the above reasons, you have to wait for 5-10 years before returning to the United States. If you are deported for the second time, the wait can last for 20 years. However, you can still be deported without a conviction due to the following reasons:
- Unlawful voting
- Marriage fraud
- Overstaying the visa
- Falsely claiming to be a United States citizen
- Obtaining the visa through fraud
Your Legal Options
The thought of being deported from the U.S. can be stressful, but there are things you can do to help your situation. You can appear before an immigration court that will offer a final decision regarding your removal.
Some of the ways you can fight deportation include:
- Asylum- If you are a foreigner who cannot return to your home country due to fear of future persecution, you can request asylum or withhold the removal. However, you have to convince the judge you were previously persecuted and fear being persecuted in the future.
- Cancellation of Removal- This form of defense against deportation is available for permanent and non-permanent residents. Some people may need to apply for a cancellation of removal and a waiver of inadmissibility, while others only need cancellation of removal.
- Voluntary Departure- If you can’t successfully dispute the Department of Home Security’s allegation, you can opt to leave the U.S. voluntarily. This means that you will have to plan and pay for the flight or journey home. Voluntary departure has fewer consequences than deportation.
Contact a Florida Immigration Attorney
Facing deportation alone can be overwhelming, and it may not be possible to guide yourself through the deportation defense process. At Bennett Law Center, we will take a personalized and compassionate approach towards ensuring your rights are upheld. Contact us online to learn more about how we can help you or your loved one fight deportation.