Deportation Defense: How To Avoid Removal

Are you being threatened with deportation? Living in the United States as an undocumented person can be risky, and if the U.S. government discovers your status, they may attempt to have you deported. Likewise, if you’ve committed a misdemeanor, another minor offense, or have an expired visa, the consequences could be extremely harsh.

In order to protect your right to live in the United States, it is essential that you understand your legal options and how to defend yourself against forcible removal.

About Deportation

The United State government has been strict about immigration since the 1990’s, when several laws outlined the potential penalties for unlawful, foreign residents. Some of these laws include the Antiterrorism and Effective Death Penalty Act and the Illegal Immigration Reform and Immigrant Responsibility Act. Immigration law violations are taken very seriously, which is why the threat of deportation should never be ignored or taken lightly.

Reasons for Removal

Anyone who resides in the United States illegally for more than 180 days is required to live outside of the U.S. for a minimum of 3 years. For those residing illegally in the U.S. for more than a year, the penalty is a minimum of 10 years outside of the United States.

A person could be residing in the United States illegally if any of the following is true:

  • The individual entered the U.S. illegally
  • The individual has an expired visa
  • The individual is acting in violation of their visa
  • The individual has been involved in fraudulent activity
  • The individual has been accused of a crime

If the U.S. government thinks you need to be removed from the country, you will receive a “Notice to Appear,” or an NTA, which will require your presence in immigration court. In order to avoid deportation, you must act fast to seek help from an experienced immigration attorney.

Types of Deportation Defense

Anyone facing deportation has a few potential options to defend themselves and hopefully remain in the United States. Usually, you need to fill out forms to apply for relief from deportation charges. Depending on your situation and the reason for the removal order, the form can vary, as can the number of options available to you.

Some individuals may pursue asylum, but only under special circumstances. Those eligible for asylum must have a legitimate fear of persecution in their country of origin for reasons like race or religion. Additionally, the individual must be classified as a refugee and must not have a criminal record. However, sometimes individuals with a criminal record may still pursue asylum.

In other cases, the individual facing deportation may avoid removal by seeking an adjustment of status to officially own the title of an “immigrant.” An individual may pursue an adjustment of status for family-based or employment-based immigration, or for their involvement in a humanitarian program. There are also a few other special classes of immigration one might fall into.

Contact an Immigration Attorney

If you are facing the threat of removal, make sure you take immediate action to protect your rights and those of your family. Immigration court will not provide you with a lawyer, so it is your responsibility to take care of your legal protection. At Simon Law Group, PLLC, our immigration attorneys can work with you to determine the best method of deportation prevention.

Contact Simon Law Group, PLLC to discuss your case with our Houston immigration lawyers.