Deportation in the United States is a serious issue. This action usually takes place if the U.S. government believes you’re in the country illegally. It can also happen if you’ve committed a crime or if you’re considered a security risk.
If you’re facing deportation, you’ll be given a hearing in front of an immigration judge. At this hearing, you’ll be able to present your case and try to convince the judge to let you stay in the United States.
If the judge decides against you, you’ll be deported back to your home country. This process can be long and complicated, so it’s important to have an experienced immigration attorney on your side.
In this article, we’ll explain possible scenarios that will prevent your deportation from the United States.
If you were never served with a “Notice to Appear” (NTA), then you cannot be deported. The NTA is a document that’s given to someone who the U.S. government intends to deport.
The NTA must list the specific charges against the person and tell them when and where their deportation hearing will be. If you were never served with an NTA, then you can’t be deported.
If you missed your deportation hearing, you may still have a chance to stay in the United States. In some cases, the judge may reschedule your hearing if it was due to extenuating circumstances beyond your control.
For example, if you missed your hearing because you were in the hospital, the judge may give you a new date. But, if you simply forgot about your hearing or didn’t think it was important, the judge is less likely to reschedule.
If your hearing is not rescheduled, you can still submit what’s called a “motion to reopen.” This is a request to the judge to allow you to have another hearing. In your motion, you’ll need to explain why you missed your original hearing and why you should be given another chance.
The judge will then decide whether or not to grant your motion. If they do, you’ll get another hearing where you can present your case and try to avoid deportation.
There are some cases where the U.S. government has charged someone with deportation, but they are not actually removable under the law.
This can happen if the government made a mistake or if there has been a change in the law since you were charged. If this is the case, you can ask the judge to dismiss your case.
If your case is dismissed, you cannot be deported and you’ll be allowed to stay in the United States.
If you have been granted asylum, you cannot be deported back to your home country. Asylum is a form of protection that’s given to people who have been persecuted in their home country.
To get asylum, you must prove that you meet the definition of a “refugee.” This generally means that you have a valid fear of persecution in your home country based on your race, religion, nationality, political opinion, or involvement in a particular social group.
If you’re granted asylum, you’ll be allowed to stay in the United States and eventually apply for a green card.
Withholding of removal is similar to asylum, but it’s given to people who don’t quite meet the definition of a refugee.
To get withholding of removal, you must prove that it’s more likely than not that you would be persecuted in your home country. This is a higher burden than what’s required for asylum, but it’s still possible to get in some cases.
If you’re granted withholding of removal, you’ll be allowed to stay in the United States, but you won’t be able to apply for a green card.
Cancellation of removal is a form of relief that’s available to certain undocumented immigrants who are facing deportation.
To be eligible, you must have lived in the United States for a minimum of 10 years and show moral character. You must also prove that being deported would cause extreme hardship for a U.S. citizen or lawful permanent resident spouse, parent, or child.
If you’re granted cancellation of removal, you’ll be given a green card and allowed to stay in the United States.
If you have a U.S. citizen or permanent resident spouse, parent, or child, you may be able to avoid deportation through what’s known as “family reunification.”
To qualify, you must prove that your relationship is legitimate and that you meet certain other requirements. If you’re approved, you’ll be given a green card and allowed to stay in the United States.
The Deferred Action for Childhood Arrivals (DACA) program is available to certain undocumented immigrants who came to the United States as children.
To be eligible, you must meet a number of requirements, including that you arrived in the United States before your 16th birthday and that you’re currently enrolled in school or have graduated from high school.
If you qualify for DACA, you’ll be given a work permit and allowed to stay in the United States for 2 years at a time. You can also apply for renewals.
If you have a valid nonimmigrant visa, you may be able to avoid deportation by “changing your status.” This means that you’re asking the U.S. government to allow you to stay in the country for a different reason than what your visa allows.
For example, if you have a tourist visa, you may be able to change your status to a student visa. To do this, you’ll need to apply for and be granted a new visa.
If your request is approved, you’ll be allowed to stay in the United States under the new visa category.
If you’re facing deportation, there may be a number of ways to avoid it. The best way to find out is to speak with an experienced immigration attorney who can evaluate your case and advise you of your options.