If you received a notice for Immigration Court or you have an immigration hold pending, it’s imperative you contact a Texas immigration attorney right away. Experienced immigration attorneys know the best legal remedies to defend you against deportation.
Here is how to avoid deportation:
Cancellation of Removal
A cancellation of removal is available for those with a criminal conviction that is not an aggravated felony. In order to qualify, you must be:
- In possession of a green card (lawful permanent resident) for a minimum of five years;
- Living in the United States on a continuous basis for seven years after being admitted into the country in any status;
- Not convicted of an aggravated felony.
Cancellation of removal replaced the old 212( c ) waiver in 1997. The old waiver may still apply to older crimes with a conviction date prior to April 24, 1996.
Under this defense, you have to prove that you have led a good life outside of your criminal conviction. For example, this includes hardship to your family if you were removed.
If you don’t qualify, there is another type of cancellation of removal that may be applicable if you have never had a green card before. The requirements for this include:
- Being physically present in the United States for 10 or more years;
- Demonstrating good moral character;
- Showing “exceptional and extremely unusual” hardship to your United States or lawful permanent resident spouse, child, or parent if you were deported.
Political asylum grants increased significantly over the years, but you must be able to prove a fear of persecution based on religion, nationality, race, social group, or political opinion. You must apply for asylum within one year of arriving in the United States, unless you can show extraordinary circumstances or changed circumstances. This might be due to sudden changes in your home country.
This option is for immigrant victims of violent crimes. It is used to keep people from illegally preying on the undocumented. If you help law enforcement agencies with a criminal case, it can help stop deportation and even eventually result in a green card. This is similar to a T visa which is for human trafficking victims.
Adjustment of Status
Adjustment of status is becoming a lawful permanent resident and obtaining your green card. The most common way to have an adjustment of status is if you:
- Marry a United States citizen;
- Have a child who is a United States citizen who is 21 years of age or older;
- Have a parent who is a United States citizen.
If all else fails, you can promise to buy a ticket, which is better than being deporting. This will require you to still leave the country, but it will be voluntary, which can make a lawful re-entry easier if you were not formally deported.
Retaining an Immigration Attorney
These methods are only some of the ways you may be able to stop deportation. This is why it’s so important to speak to a knowledgeable Waco deportation attorney who can help make a difference in your individual case. Contact the Law Office of Simer & Tetens to schedule your free consultation.