The deportation procedure might drastically affect one’s life. Deportation can happen for a variety of reasons, even for long-term legal inhabitants of the United States, including minor felony convictions. However, there may be options for avoiding deportation, depending on the circumstances of the individual immigrant in question. If you’re having trouble with the green card, citizenship, visa, or any other aspect of your immigration status, read on to learn about your defence choices and then get in touch with an expert immigration attorney for Seeking Asylum.
Inquire About Prestige Modifications
Individuals who are at risk of removal from the United States may well be able to apply for and get a modification of status that would allow them to remain legally. If an immigrant is engaged to a U.S. citizen and permanent resident, for instance, they may be qualified for modification of status but would not have known it without the advice of an immigration attorney. Consult with an experienced lawyer to learn your rights and choices in this difficult situation.
An Act Of Destructive Withdrawal
Certain foreign nationals who have been given lawful permanent resident (“green card”) status may apply to have their deportation orders cancelled. Whether or not a green card holder can appeal a court ruling is dependent on the specifics of the case and also the immigrant’s conduct. If a green card holder has been a good citizen despite a criminal conviction, the conviction could be overturned.
In order to be eligible for cancellation, the applicant must have been a lawful permanent resident for at least five years and have continuously resided in the United States for at least seven years after admission. They cannot have any prior convictions or have ever had an earlier deportation from the nation reversed.
However, non-LPRs who can prove the following may also file for cancellation of removal:
- Requires a ten-year commitment to the United States.
- No major felony convictions that would lead to deportation.
- Having a good moral character
Deportation would be devastating for a family member living in the United States, especially a child.
Limitations On The Application Of Section 212
It’s possible to qualify for one of the many exceptions outlined in Section 212 of something like the Immigration and Naturalization Act. A 212(h) waiver may be granted to an immigrant with a deportable felony conviction that occurred more than 15 years ago, whose immediate family would suffer extreme hardship as a result of their deportation, or who was the victim of domestic violence from the hands of a U.S. citizen or permanent resident. A Lawful Resident Resident who risks deportation because of a criminal conviction that occurred before April 1, 1997, may be eligible for a 212(c) waiver. Whether or not any of these exceptions apply to your specific circumstances is something only an experienced immigration lawyer can determine.
Sanctuary From Political Oppression
They may apply for asylum in a different country if they fear persecution on their own. Persons who can show they are in fear of persecution or death as a result of their race, religion, country, political beliefs, or membership in a social group are eligible to apply for refugee status. In most cases, asylum seekers have one year from the time they enter the country to submit their application.
Free Willed Departure
To avoid deportation, a deportable immigrant’s only option is to request a voluntary departure. The criminal penalties for illicit re-entry are harsher and visas and LPR status are far more difficult to obtain after a deportation. An immigrant who leaves the nation voluntarily may have more time to organize and prepare to leave, as well as escape the shame of being deported.
Concluding Remarks
Whether you or a loved one are having trouble with your immigration status, or if you are seeking asylum, constitutional protection, citizenship, and permanent resident status, you should get in touch with the experienced immigration lawyers in Queens.