Common Defences Against Deportation and How to Use Them

Table Of Contents

What Are Common Defences Against Deportation?

Common defences against deportation are legal strategies to prevent removal from the country. Asylum is one common defence against deportation. Cancellation of removal is another common defence against deportation. Adjustment of status is a common defence against deportation. Waivers of inadmissibility are also common defences against deportation. Voluntary departure is a further common defence against deportation. Each defence has specific eligibility requirements.
Deportation proceedings are complex. A person facing deportation needs to understand available defences. Defence eligibility depends on individual circumstances. Immigration history impacts defence options. Criminal record impacts defence options. Family ties in the country impact defence options. Legal advice is important for identifying the best defence.

How to Use Asylum as a Deportation Defence?

How to use asylum as a deportation defence? Asylum is a deportation defence. An individual proves a well-founded fear of persecution. Persecution is on account of race. Persecution is on account of religion. Persecution is on account of nationality. Persecution is on account of a particular social group. Persecution is on account of political opinion. An individual applies for asylum within one year. This one year is after arrival.
You present evidence supporting your asylum claim. Evidence includes personal testimony. Evidence includes country condition reports. Evidence includes expert witness statements. An immigration judge reviews the evidence. The judge determines your eligibility for asylum. Asylum grants protection from deportation. Asylum grants a path to lawful permanent residency.

How Does Cancellation Of Removal Defend Against Deportation?

Cancellation of removal is a discretionary form of relief from deportation. Non-permanent residents apply for cancellation of removal. Permanent residents also apply for cancellation of removal. The requirements differ for each group. Non-permanent residents must show continuous physical presence for ten years. Non-permanent residents must show good moral character.
Non-permanent residents show exceptional and extremely unusual hardship to a qualifying relative. The qualifying relative is a citizen or lawful permanent resident. Permanent residents show five years of lawful permanent resident status. Permanent residents show seven years of continuous residence after admission. Permanent residents do not commit aggravated felonies. An immigration judge decides cancellation of removal.

How to Use Waivers of Inadmissibility in Deportation Defence?

You use waivers of inadmissibility to overcome specific grounds for deportation. Certain criminal convictions make a person inadmissible. Immigration violations make a person inadmissible. Health-related issues make a person inadmissible. Misrepresentation makes a person inadmissible. A waiver forgives the inadmissibility ground.
You file an application for a waiver. You provide evidence demonstrating eligibility for the waiver. The evidence shows hardship to qualifying relatives. The evidence shows rehabilitation. The evidence shows other compelling factors. The government has discretion to grant the waiver. A granted waiver allows a person to remain in the country.

When is Adjustment of Status a Defence?

Adjustment of status is a defence when a person is eligible for a green card. A person applies for lawful permanent resident status. The person has an approved immigrant petition. The person has an immigrant visa immediately available. The person is admissible to the country.
A person applies for adjustment of status during deportation proceedings. An immigration judge considers the adjustment application. The judge decides if the person meets eligibility criteria. A granted adjustment of status terminates deportation proceedings. The person becomes a lawful permanent resident.

How Does Voluntary Departure Help With Deportation Defences?

Voluntary departure helps by allowing a person to leave the country without a formal deportation order. A person avoids the negative consequences of a deportation order. A deportation order carries a bar to future admission. Voluntary departure avoids this bar. A person may apply for re-entry sooner.
A person requests voluntary departure from an immigration judge. The person shows good moral character. The person shows financial ability to depart. The person does not commit aggravated felonies. The person agrees to leave by a specific date. Failure to depart results in a deportation order.

FAQS

What is the benefit of a clean immigration record?

The benefit of a clean immigration record is easier access to defence options. A clean record shows compliance with immigration laws. This compliance strengthens a person's case for relief. A clean record helps immigration judges view a person favourably.

How long do deportation proceedings take?

Deportation proceedings take varying amounts of time. The duration depends on court backlogs. The duration depends on case complexity. The duration depends on the number of appeals. Some cases resolve in months. Other cases take several years.

What is an aggravated felony in immigration law?

An aggravated felony in immigration law is a serious crime with severe immigration consequences. These crimes include murder. These crimes include drug trafficking. These crimes include firearms trafficking. An aggravated felony often makes a person ineligible for many forms of relief.

Can I re-enter the country after deportation?

You re-enter the country after deportation. Re-entry is difficult. You obtain a special waiver. The waiver is permission to re-apply for admission. The bar to re-entry is ten years or more. A person demonstrates exceptional circumstances.

What is the role of an immigration judge?

The role of an immigration judge is to preside over deportation proceedings. The judge hears evidence from both sides. The judge applies immigration law to the facts. The judge decides if a person should be deported. The judge decides on eligibility for relief.

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