Immigration Court Defenses: Avoid Deportation

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Frequently Asked Questions About Deportation and Removal

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Although U.S. immigration law allows only narrow categories of people to remain in the U.S. and receive green cards (or keep the green card they already have), the law provides more ways to fight against removal than you might think. Many applicants don't realize that they qualify for remedies such asylum, withholding of removal, cancellation of removal, or some other. At the very least, "voluntary departure" as a way of leaving the U.S. can avoid some of the harsh consequences of deportation. Learn more about the possibilities here.

Defenses an Undocumented Immigrant Can Raise

Possible Defenses to Deportation of an Undocumented Alien
If you are “undocumented” and you are in “removal” proceedings, a few legal defenses are available. These might make it possible for you to avoid being removed (deported).
In Removal Proceedings: Who Can Apply for Adjustment of Status Based on Family?
If you are undocumented but recently married a U.S. citizen or your Priority Date to immigrate through a family member has become current, you may be able to adjust status (get a green card) while in removal proceedings.
Green Card Through Cancellation of Removal (Non-LPR): Who Qualifies?
If you've lived in the U.S. for ten years, have good moral character, and meet other requirements, you may be able to defend against deportation and receive a green card.
Deferred Action for Childhood Arrivals (DACA)
Articles on who is eligible for deferred action as an immigrant student or graduate, and how this protects against removal.
Asylum & Refugee Status
Articles on whether and when immigrants in court can apply for asylum.
Noncitizen Minors in Removal Proceedings: Defenses to Consider
Strategies for young undocumented persons facing immigration court proceedings.
How to Apply for Prosecutorial Discretion
Undocumented immigrants in removal proceedings have an opportunity to request that the case be closed as a low enforcement priority.

Asking for Voluntary Departure

Voluntary Departure: Who Is Eligible?
If you are unlikely to succeed in any defense against removal from the U.S., voluntary departure may at least allow you to leave (on your own) with reduced consequences for your future immigration chances.
Why Request Voluntary Departure Instead of Removal?
If you have no hope of being allowed to remain in the U.S., but might want to return in the future, voluntary departure is a useful option.
Voluntary Departure: What Happens if You Don't Leave the United States?
Ignoring an order of voluntary departure can bring the same penalties as an order of removal, and more.

Defenses a Green Card Holder Can Make

How to Apply for Cancellation of Removal (LPR)
What to prepare and present to the job as evidence that you should not be deported from the U.S.
Cancellation of Removal for Green Card Holders: Who Is Eligible?
If you've spent a long time in the U.S. and meet other criteria, you may be eligible to avoid deportation.