Facing deportation from the United States can be overwhelming. In this situation, it is vital to know your rights and the legal options available to you. In the following paragraphs, you will find three defense strategies to help you manage the immigration process and potentially secure your future in the U.S.
Cancellation of removal
Cancellation of removal is available to some people in deportation proceedings. This strategy allows you to submit a request to cancel your deportation under specific conditions. To qualify, you must demonstrate continuous physical presence in the U.S. for at least ten years, be of good moral character, and show that your removal would cause exceptional and extremely unusual hardship to your U.S. citizen or lawful permanent resident spouse, parent, or child. This process can be lengthy, but if successful, it could allow you to obtain lawful permanent resident status, commonly known as a green card.
Appeals and motions
If you receive an unfavorable decision from USCIS, you may have the option to file an appeal or motion. An appeal is a request for a higher authority to review the decision. On the other hand, a motion asks the office that made the decision to reconsider based on new facts or an incorrect application of the law.
Still, filing an appeal or motion requires careful consideration of the legal grounds and supporting evidence. It is essential to act promptly, as there are strict deadlines for filing these requests. If successful, an appeal or motion can overturn the decision or lead to a favorable outcome in your case.
Permission to reapply
If you have already been removed from the U.S., you might need to seek permission to reapply for admission. This involves filing Form I-212, which is a request for consent to reapply for admission to the U.S. after deportation. This form requires detailed documentation of your previous deportation and evidence supporting your eligibility to return. Permission to reapply can help you come back to the U.S. legally. However, it is important to provide comprehensive evidence to support your request.
The deportation process can be overwhelming, but understanding these strategies can empower you to take informed actions. Remember that each strategy has its own requirements and implications. Consulting with an immigration attorney can provide you with tailored guidance and increase your chances of a favorable outcome. Remember, you are not alone in this journey, and there are legal avenues available to protect your rights and future in the United States.