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Deportation Defenses

Deportation or Removal Defense Austin TX
U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) may detain and deport any immigrant who is in the country illegally and is deemed a priority for deportation. Even a lawful permanent resident (green card holder) can be deported under certain circumstances.

Grounds of Removability can range from:

  • Visitor or work or student visa holders being deported for violating the terms of their visa such as working when not permitted or overstaying the length of authorized stay by those on a temporary visa
  • Green card holders, who are permanent residents of the United States being deported for being convicted of certain criminal offenses or because of the discovery of fraud in their adjustment of status process. Certain crimes are defined by immigration case law as crimes against moral turpitude and in most cases, convictions for these crimes result in removal proceedings.

Defenses against deportation
Many immigrants who are in removal proceedings may be actually eligible for relief
Defense against deportation range from affirmative defenses in the form of Adjustment of status to lawful permanent resident to defense application in the form of political asylum to waivers such as a 212(h) waiver or cancellation of removal.

  • Adjustment of Status (AOS) in Removal Proceeding

One way an individual may qualify for adjustment of status to permanent residency is if he or she meets the requirements of Section 245(i) of the Immigration and Nationality Act. Section 245(i) is only for people who are already qualified for immigrant visas based on a close family relationship or an offer of employment from a United States employer. It allows a person who has an immediate available immigrant visa (I-130, I-140 or I-360) to apply for AOS to permanent residency.

  • Asylum/ Withholding of Removal/Convention against Torture

If an individual has a well-founded fear of persecution on account of race, religion, nationality, political opinion or social group membership in his/her home country and he/she is already in the U.S, he/she may be eligible to apply for asylum, withholding of removal or protection under the Convention Against Torture (CAT). If he/she wins asylum, withholding of removal, or case under convention against torture, he/she will not be removed or deported from the United States.

Asylum granted
If asylum is granted, the asylee will be able to work legally, obtain travel documents, attend school, and receive certain forms of public assistance. After one year, an asylee may apply to become a U.S. permanent resident and later, a U.S. citizen. 

Asylum denied
If asylum is denied but the applicant is currently in a legal immigration status, he/she may have an opportunity to overcome the denial by submitting additional materials or a personal statement if he/she receives a written warning from the asylum officer about the reasons for the denial. If the applicant receives a denial after the asylum interview, he/she will receive a referral to immigration court and the asylum application may be considered again by an Immigration Judge.

  • Temporary Protected Status

An individual may also be eligible for Temporary Protected Status (TPS) even though he/she is in removal proceedings.
If an individual is from a country that is currently in turmoil and therefore unsafe he/she may apply to live in the U.S. with a work permit until conditions in his/her home country improve. He/she must be in U.S when TPS is established for his/her country in order to qualify for TPS and be eligible to apply and stay till the country’s TPS designation expires. TPS does not lead to a green card.

  • Cancellation of removal:

Even if an individual is found removable, he/she may be able to remain in the United States if an immigration judge cancels his/her departure. This form of relief called cancellation of removal gives an otherwise removable person permanent resident status. Generally to qualify for cancellation of removal, he/she must be in removal proceedings and eligible to file a waiver for the ground on which the government is seeking his/her removal.

  • Violence Against Women Act (VAWA) Cancellation of Removal

If an individual is a lawful permanent resident or a nonpermanent resident and he/she wins VAWA cancellation of removal, he/she can apply to have his/her status adjusted to permanent residency. To be eligible to apply for cancellation of removal under VAWA, he/she must fulfill a list of requirements. Whether cancellation of removal will be granted depends on the discretion of the Immigration Judge.

  • Voluntary Departure from the United States

If an individual has no way of remaining in the United States, he/she may consider voluntary departure. Voluntary departure will allow the individual to avoid a formal order of removal or deportation against him/her by leaving the United States at his/her own expense. It may also allow him/her to return to the United States sooner.
A failure to depart on time will subject an individual to a fine and make him/her ineligible to apply for voluntary departure, change of status or adjustment of status, cancellation of removal and registry for 10 years.

Ghoshal Law can help you pursue a positive outcome
If you have been placed in removal proceedings and believe you may be eligible to legalize your status by adjustment of status to permanent residency or any of the other above reliefs, Ghoshal Law can guide you through the complicated process by assessing your case to determine whether you meet all the eligibility criteria, identifying potential grounds for denial, guiding you to collect supporting documentation and prepare and file your application on your behalf.

Call  512-637-1328 or email today for a consultation.

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“ We had a great experience working with Ghoshal Law to apply for a green card. Snigdha is thorough and professional, and was always quick to respond to any questions or concerns. Most importantly, our application was successful! Thank you! ”
--Mike B.
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