Immigration Court Defenses: Avoid Deportation
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
Defenses an Undocumented Immigrant Can Raise
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Possible Defenses to Deportation of an Undocumented Alien
If you are “undocumented” and are in “removal” proceedings, a few legal defenses are available.
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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 might be able to adjust status (get a green card) while in removal proceedings.
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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 might be able to defend against deportation and receive a green card.
Asking for Voluntary Departure
Asking for Voluntary Departure
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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.
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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.
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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
Defenses a Green Card Holder Can Make
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Cancellation of Removal for Green Card Holders: Who Is Eligible?
Had a green card for more than seven years? You may be eligible to avoid removal for a crime or other violation.
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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.
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Applying for a Waiver of Alien Smuggling
If you risk losing your lawful permanent residence based on having helped others cross the U.S. border unlawfully, applying for a waiver may help you gain the right to remain.
Prosecutorial Discretion
Prosecutorial Discretion
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Which Undocumented Persons Can Be Helped By Prosecutorial Discretion
If you are in deportation proceedings and apply for PD, you might be able to obtain an agreement that you will not be deported and your immigration court case will be closed for the moment.
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Who Will Care for My Child If ICE Arrests or Deports Me?
Learn more about making custody arrangements for your child in the event you are an undocumented immigrant who is arrested or deported.
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Is It Safe to Go to My ICE Appointment or Will They Deport Me?
Dealing with the risk of arrest by immigration authorities during regular check-in appointment.
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