List of Possible Deportation Defenses for Undocumented Aliens
Undocumented individuals who are illegally residing in the United States face the fear of deportation on a daily basis. If you are facing deportation or are currently in the “removal” proceedings, you should immediately contact a deportation defense lawyer, as there may be a few legal defenses available to avoid deportation. Below is a list of some common defenses to prevent the deportation of an undocumented alien:
Waivers of excludability and deportability– the undocumented alien must establish hardship to himself or to his immediate family members if he was to be deported back to his native country.
Cancellation of removal for permanent residents – if this application is approved, it will have the affect of “pardoning” or “forgiving” the basis for the deportation and changing the status of the undocumented alien to one of lawful permanent resident.
Cancellation of removal for non-permanent residents – granted in certain situations where the non-permanent resident has been physically present in the U.S. for a continuous period of ten years prior to the initiation of the removal proceedings.
Suspension of deportation – a deportable alien may have their deportation proceedings suspended if they are able to satisfy 3 conditions:1) has continuously lived in the U.S. for at least seven years; 2) is a person of good moral character; and 3) it will be an extreme hardship on the alien or their close family members, who are legally residing the U.S., if the alien were to be deported.
Adjustment of status to permanent residence – if the illegal alien is the parent, spouse or child of a U.S. citizen, they may be able to apply for a Green Card.
Asylum – the undocumented alien may be able to seek asylum if their fear of deportation is based on various grounds, such as political opinion, religious belief, or nationality and race.
Contact Us Today!
If you or a loved one is facing deportation proceedings, there may be possible defenses to prevent your removal from the country. For more information about possible deportation defenses or to schedule a complimentary consultation with deportation defense attorney Michael S. Carrillo, call Legalize Me toll free at 800-554-8778.