Deportation

Understanding Deportation and How to Fight It

Deportation is the formal process of removing a non-citizen from the United States due to a violation of immigration laws. If you or someone you know is facing deportation proceedings (also known as removal proceedings), it’s essential to act quickly. A judge may order your removal from the U.S., and, in many cases, this means you will be banned from returning legally for at least 10 years.

Why Deportation Happens

Deportation can occur for a variety of reasons. Some of the most common causes include:

• Criminal convictions, especially aggravated felonies or drug-related crimes
• Immigration status violations, such as overstaying a visa or entering the country illegally
• Fraud, including providing false information on immigration forms or during interviews
• Loss of permanent residency (e.g., abandoning your green card or failing to meet residency requirements)
• Terrorism-related offenses
• Illegal employment or other immigration law violations

If you’re detained by Immigration and Customs Enforcement (ICE) and placed into deportation proceedings, it’s critical to understand your rights and options. An experienced immigration attorney can help you explore defenses to deportation and fight for your right to stay in the U.S.

Voluntary Departure vs. Deportation

In some cases, you may have the option to voluntarily depart the U.S., which means you leave the country on your own accord without a formal deportation order. This option can be advantageous because it may allow you to avoid the 10-year ban on reentry and preserve future opportunities for legal immigration. However, it’s important to discuss this option with an attorney, as it may not always be the best choice for your situation.

Bond Hearings and Detention

If you are detained by ICE, you may be eligible for a bond hearing. During this hearing, an immigration judge will determine if you can be released on bond while you await your removal proceedings. The judge will consider factors such as:

• The risk of flight
• The seriousness of any criminal history
• The likelihood of deportation

An attorney can help you present the best case for release on bond.

Common Defenses Against Deportation

While deportation is serious, there are several ways to contest deportation or seek relief. Some of the most common defenses include:

1. Adjustment of Status: If you’re eligible for permanent residency through a family member or employersponsorship, you may be able to adjust your status and remain in the U.S.
2. Cancellation of Removal: Available for individuals who have lived in the U.S. for many years, shown good moral character, and would face extreme hardship if deported.
3. Asylum: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum protection.
4. Registry: If you have lived in the U.S. since before January 1, 1972, you may be eligible to apply for permanent residency through registry.
5. Suspension of Deportation: Similar to cancellation of removal, this option may be available if you have a long history in the U.S. and can prove extreme hardship.
6. Waivers of Deportability/Inadmissibility: If deportation would cause extreme hardship to you or your family, you may qualify for a waiver.
7. Withholding of Removal: If you don’t qualify for asylum but still face serious threats in your home country, withholding of removal may provide relief from deportation.

Legal Options and Requirements

Each of the options for fighting deportation has specific requirements:

• Adjustment of Status: You must qualify for permanent residency (green card) through a family member or employer.
• Cancellation of Removal: Requires significant residence in the U.S. and proof of extreme hardship.
• Asylum: You must prove a well-founded fear of persecution if returned to your home country.
• Waivers: Waivers may be available if deportation would cause harm to you or a U.S. citizen family member.

Facing Deportation? Contact Us for Assistance 

If you or someone you love is facing deportation, time is critical. An experienced immigration attorney can help you explore all your options and develop a legal strategy to fight removal. Whether you need help with bond hearings, asylum claims, or other deportation defenses, Yellow Law Group is here to provide the legal guidance you need.

Contact us now at +1 (201) 899-6194 or fill out our online form to schedule a consultation with an experienced immigration lawyer who can help protect your future in the U.S. Let us guide you through the complexities of deportation proceedings and ensure that your rights are fully protected.