Defense Against Deportation
Asylum & Waivers
Removal Proceedings
Deportation and removal proceedings refer to the legal process by which the U.S. government seeks to expel a foreign national from the country. Common reasons for removal include:
- Violations of immigration laws
- Certain criminal convictions
- Overstaying a visa
- Unlawful entry into the U.S.
However, being placed in removal proceedings does not automatically lead to deportation. You may have several potential defenses to fight removal, contact us today!
We provide comprehensive legal assistance for individuals facing removal proceedings and other immigration challenges.
Legal Defenses Against Deportation
Since the reasons for removal proceedings vary, so do the legal defenses available. The best approach depends on your specific circumstances, but here are some possible defense strategies:
Cancellation of Removal
This legal option may allow certain individuals to remain in the U.S. if they meet specific criteria. The eligibility requirements differ based on immigration status:
- For Lawful Permanent Residents (LPRs): You may qualify if you have been a green card holder for at least five years, have continuously lived in the U.S. for at least seven years after lawful admission, and have not been convicted of an aggravated felony.
- For Non-Lawful Permanent Residents: If you do not hold a green card, you may still be eligible if you have resided in the U.S. for at least 10 years, have good moral character, and can demonstrate that your removal would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident family member.
Asylum, Withholding of Removal & Convention Against Torture
Certain foreign nationals who fear persecution in their home country may be eligible for asylum or other forms of protection against removal. To qualify, individuals must demonstrate that they have either experienced past persecution or face a high likelihood of future harm due to their race, religion, nationality, political beliefs, or membership in a specific social group. This persecution must be carried out by the government or by groups and individuals that the government is unable or unwilling to control.
Our dedicated team is ready to listen to your story, understand your needs, and provide the best legal solutions to protect you and your loved ones.
Adjustment of Status
If you qualify for a green card through family, employment, or another legal avenue, you may be able to adjust your immigration status and avoid deportation. This defense is often applicable to individuals who entered the U.S. legally but later became removable due to visa overstays or immigration law violations.
Voluntary Departure
Although not a defense against removal, voluntary departure allows individuals to leave the U.S. on their own terms rather than being forcibly deported. This option can help avoid the legal consequences of a formal deportation order, including long-term bars on reentry. In some cases, voluntary departure may provide a future opportunity to return to the U.S. legally.
Temporary Protected Status (TPS)
TPS is available to individuals from designated countries experiencing ongoing armed conflict, natural disasters, or other extraordinary circumstances. If you qualify, you may be able to stay and work in the U.S. for a temporary period, though this status does not lead to permanent residency.
Appeals and Motions to Reopen
If an immigration judge rules against you, you may have the right to appeal the decision to the Board of Immigration Appeals (BIA). Additionally, if new evidence emerges or errors were made in your case, you can file a motion to reopen or motion to reconsider. These legal remedies are time-sensitive, so seeking guidance from an experienced immigration attorney is crucial.
NACARA
NACARA provides a pathway to permanent residency for eligible individuals from El Salvador, Guatemala, and select nations of the former Soviet bloc.
To qualify for NACARA 203 relief, you must meet one of the following criteria:
- Guatemalan Nationals: You must have entered the U.S. on or before October 1, 1990, registered for ABC benefits by December 31, 1991, applied for asylum by January 3, 1995, and must not have been apprehended upon entry after December 19, 1990. (For more details, refer to the American Baptist Churches v. Thornburgh (ABC) Settlement Agreement.)
- Salvadoran Nationals: You must have entered the U.S. on or before September 19, 1990, registered for ABC benefits by October 31, 1991 (either directly or through Temporary Protected Status (TPS)), applied for asylum by February 16, 1996, and must not have been apprehended upon entry after December 19, 1990.
- Asylum Applicants from Guatemala or El Salvador: If you filed an asylum application on or before April 1, 1990, and have not received a final decision, you may qualify.
- Nationals of Former Soviet Bloc Countries: If you entered the U.S. on or before December 31, 1990, applied for asylum by December 31, 1991, and were from one of the following countries at the time of application, you may be eligible:
- Soviet Union (or any former Soviet republic)
- Russia
- Latvia, Lithuania, Estonia
- Albania, Bulgaria, Czechoslovakia
- East Germany, Hungary, Poland, Romania
- Yugoslavia (or any of its former states)
Waivers
Various factors can make an immigrant inadmissible to the United States, including unlawful presence. This occurs when an individual remains in the country beyond the permitted duration of their visa, enters without proper inspection, or fails to comply with the terms of a temporary visa.
While unlawful presence can prevent entry into the U.S., there may be legal options available to address this issue.
If you’ve been in the U.S. without legal status, you may worry that leaving to apply for a green card could result in a lengthy bar from re-entry. The I-601A Provisional Waiver is designed to help eligible individuals request a waiver for unlawful presence—allowing them to complete the green card process without facing a 3- or 10-year ban.
If you have a U.S. citizen spouse or parent and your departure would cause them extreme hardship you might be eligible. By securing an I-601A waiver before leaving the U.S., you reduce the risk of long-term separation from your loved ones.
Once your waiver is approved, you’ll be able to attend your green card interview in your home country with greater confidence.
Find out if you qualify—contact our team today!
I-601 Waiver
If you or a loved one face obstacles to entering or staying in the United States due to past immigration violations, health issues, or a criminal record, an I-601 Waiver may provide a solution. Officially known as the Application for Waiver of Grounds of Inadmissibility, this legal process allows eligible individuals to request forgiveness for certain inadmissibility factors. By demonstrating that a qualifying U.S. citizen or lawful permanent resident would suffer extreme hardship if the waiver is denied, you may still have a path to legal residency.
Contact us today to discuss your options and take the next step toward securing your future in the U.S.
I-212 Waiver
I-212 Waiver: Overcoming Inadmissibility to Reenter the U.S.
If you’ve been deported or removed from the United States, an I-212 waiver (Consent to Reapply) can provide a path back. This waiver is essential for individuals deemed inadmissible under sections 212(a)(9)(A) or (C) of the Immigration and Nationality Act (INA) and allows them to request permission to lawfully return.
Why Apply for an I-212 Waiver?
An approved I-212 allows an applicant to overcome inadmissibility and reapply for admission
An I-212 to address inadmissibility under 212(a)(9)(A) allows someone to avoid time bars
Who Can Apply for an I-212 Waiver?
You may be eligible to file an I-212 waiver from outside the U.S. if you:
- Were previously removed or departed while under a removal order and want to return before your inadmissibility period expires.
- Are applying for a visa, adjustment of status, or seeking entry as a nonimmigrant through a U.S. Consulate or Port of Entry.
- Have a conviction for an aggravated felony and are seeking readmission or a green card.
Successfully navigating the I-212 waiver process requires careful preparation and strong legal arguments. Our team can guide you through every step to improve your chances of approval.