Many people in Aurora who are concerned about the possibility of deportation for themselves or a family member may be surprised to learn that they qualify for various forms of relief. Despite the limited availability of visas and the strict interpretation of United States immigration laws, remedies are available in many situations.
Those facing the prospect of deportation often choose to work with a skilled deportation attorney familiar with deportation defense strategies. Successful Aurora deportation defenses may include a combination of approaches depending on the situation.
Overview of Deportation Defense
The process most people think of as deportation is often referred to as removal, by applicable government agencies. There may be some confusion due to the terminology used by the U.S. government regarding immigration laws.
The Various Agencies Involved
The roles of the applicable governmental agencies have changed in recent years. Functions that used to be handled by Immigration and Naturalization Service are now divided among three agencies that operate under the Department of Homeland Security.
U.S. Immigration and Customs Enforcement (ICE) enforces immigration laws and investigates suspected criminal activity. The U.S. Customs and Border Protection (CBP) operates primarily at the borders to enforce laws at points of entry. Finally, U.S. Citizenship and Immigration Services (USCIS) administers policies for immigration and naturalization.
Defending against removal proceedings may involve challenging the alleged grounds for removal. There may be grounds for an individual to be removed, but relief from removal should be granted due to one or more factors. If all else fails, it may prove wise to ask for a voluntary departure to reduce the impact on future immigration potential.
Aurora Deportation Defense Options
Each immigration situation in Aurora is unique and requires different deportation defense strategies. It may be possible to avoid removal by:
- Seeking cancellation of removal
- Challenging grounds alleged for removal
- Seeking asylum
- Deferred action for childhood arrivals (DACA)
- Motion to suppress unlawful detention
- Requesting a waiver
- Applying for adjustment of status
- Seeking a U visa
If all available options are exhausted, the right strategy may involve a voluntary departure. This enables a prospective immigrant to leave the country without having an Order of Removal on the record.
Cancellation of Removal
Cancellation of removal is an option for some lawful permanent residents or green card holders who are facing deportation, as well as some undocumented immigrants. Cancellation of removal changes an immigrant’s status from removable to lawfully admitted for permanent residence.
Candidates seeking cancellation of removal must meet specific qualifications. Moreover, this form of relief is discretionary, meaning that the judge hearing the case does not have to grant cancellation removal automatically.
Eligibility for Cancellation
Qualifications may vary depending on the status of the person seeking cancellation. For most lawful permanent residents (LPRs) to be eligible, he or she must have had LPR status for at least five years, have lived the U.S. for at least seven years after lawful entry, and have not committed a criminal offense classified as an aggravated felony.
Undocumented immigrants face more stringent qualifications unless they can successfully demonstrate they have been subjected to domestic abuse. They must have lived in the U.S. for ten years, three years for abuse victims, and have demonstrated good moral character during that time.
In addition, they must not have been convicted of certain types of crime or other wrongdoing. Finally, they must demonstrate that removal would result in extreme hardship to immediate family members who are citizens or LPRs.
Get Assistance with Aurora Deportation Defenses
Some people do not even realize they have been placed in removal proceedings until it is too late to seek forms of relief. In many cases, the first notice regarding removal or deportation proceedings is the receipt of a Notice of Hearing.
At the same time or during the first appearance, the immigrant should receive a Notice to Appear which explains the reasons the government believes an immigrant should be removed from the United States. Close analysis of this document usually provides the starting point for defense strategy.
Applicable Aurora deportation defenses will be different in various types of situations, so there is no single, straightforward approach. Those concerned with the possibility of removal are advised to consult a knowledgeable deportation defense lawyer for assistance.