Ways to Avoid Deportation

Facing potential deportation can be frightening and overwhelming. But you have rights—and our team of experienced immigration lawyers at Scott D. Pollock & Associates, P.C. will help you through the process to get the best possible result. United States deportation laws constantly change, especially during periods of political change in the government. Our skilled deportation defense attorneys in Chicago stay current on the latest deportation efforts and political agendas to provide you with a strong deportation defense strategy.

Reasons for Deportation

While everyone’s circumstances are unique, the following are common reasons an individual may face deportation.

1. Visa Violations

Visa violations occur when an immigrant does not heed the terms of their visa or stays in the United States beyond the visa’s expiration date. Examples include:

• Temporary employees working beyond their authorized time
• Tourists staying longer than their allotted time
• Students who drop out of school or leave a job without authorization

2. Criminal Convictions

Criminal convictions are the most common and serious cause of removal from the United States. Many felonies could lead to deportation, including:

• Aggravated felonies
• Crimes involving moral turpitude
• Drug offenses
• Domestic violence
• Fraud

3. Unlawful Presence

Unlawful presence is when someone is in the United States without authorization from the proper authorities. Examples include:

• Overstaying a visa
• Violating visa terms
• Illegally crossing the border

 

Protection From Deportation

There are several options and legal steps available to protect you from deportation. A knowledgeable immigration attorney can advise you about the best options to avoid deportation for your particular circumstances.

Asylum Claims

You may qualify for asylum if you fear persecution in your home country due to your race, nationality, religion, political associations, or membership in a specific social group. To apply for asylum, you must first file Form I-589, Application for Asylum and for Withholding of Removal with the United States Citizenship and Immigration Services (USCIS).

Form I-589 is an extensive seven-part form that requires additional evidence to support your asylum case. You will be asked to provide information on:

• Yourself and your family members
• Current and past residences and employment
• History of persecution
• Any criminal wrongdoings
• Much more

An immigration attorney can help ensure this vital form is properly completed and filed.

Cancellation of Removal for Green Card Holders

Sometimes, the best route to avoid deportation is through a Cancellation of Removal for Green Card Holders, also known as LPR (lawful permanent resident) cancellation of removal. The applicant must file Form EOIR-42A with the immigration court during the proceedings.

To qualify, you must prove:

• Lawful permanent residence for at least five years
• Continuous residence in the United States for at least seven years
• No convictions for aggravated felony
• No past cancellation of removal has been issued

It’s important to note that even if all of the above criteria are met, an immigration judge can still opt for deportation. The judge will consider factors such as family ties, residency length, criminal history, and immigration violations. An immigration attorney can help you make a stronger case for cancellation of removal to give you a better chance of avoiding deportation.

Cancellation of Removal for Non-LPRs

Cancellation of removal for non-LPRs (non-lawful permanent residents) is available to certain undocumented immigrants and those with temporary status. This process requires filing Form EOIR-42B with the immigration court during the proceedings.

An individual must prove:

• Presence in the United States for 10+ years
• Good moral character for at least 10 years
• No disqualifying criminal convictions
• Having a U.S. citizen or lawful permanent spouse, parent, and/or child who would suffer “exceptional and extremely unusual hardship” if you were deported

Proving “exceptional and extremely unusual hardship” is challenging and requires extensive documentation and often expert testimony. The hardship would be on the U.S. citizen or LPR spouse, parent, and/or child—not on the applicant.

Examples are a serious medical condition or disability that demands U.S. medical care, special education needs of a child, or severe financial consequences. Our skilled team will help you build your case.

Waivers of Inadmissibility

Waivers of inadmissibility are legal mechanisms used to allow individuals who would otherwise not be admitted to the U.S. to overcome these grounds and be permitted to enter the country.

Some common grounds for inadmissibility are:

• Certain criminal convictions
• Immigration fraud or misrepresentation
• Unlawful presence
• Health-related issues
• Prior removals or deportations

Eligibility for a waiver often requires demonstrating the extreme hardship a U.S. citizen or LPR relative would incur if the waiver is denied. There are several types of waivers and form requirements. Our attorneys can guide you on which is suitable for your case.

Adjustment of Status

An adjustment of status allows some non-U.S. citizens to apply for a green card, otherwise known as lawful permanent residency. If you are facing deportation but legally entered the United States with a temporary visa, you may qualify.

Individuals facing deportation who are the parent, spouse, widow, or child of a U.S. citizen or lawful permanent resident may be eligible to apply for an adjustment of status using Form I-485.

Others who may file for an adjustment of status include those sponsored by an employer or with asylum or refugee status.

Hire an Immigration Lawyer for Deportation Help

Working with an experienced immigration attorney is essential to preventing deportation. Each legal pathway for fighting deportation has eligibility requirements and complicated application processes with strict deadlines. An applicant’s success often hinges on detailed documentation, compelling evidence, and a thorough understanding of immigration law.

The ever-changing nature of immigration policies makes preventing deportation extremely complex, but our immigration attorneys in Chicago offer the following:

• Current knowledge of deportation laws
• Guidance on the most appropriate defense strategy
• Assistance in navigating complex paperwork and court proceedings
• Representation in immigration court

While facing deportation is challenging, you have rights and options. Our legal support gives you a better chance of fighting deportation and remaining in the United States. Call the office of Scott D. Pollock & Associates, P.C. at (312) 444-1940 to schedule a consultation.

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