If you’ve been following the news closely, then you might be concerned about the possibility of being subjected to deportation proceedings. For some, this risk is very real and extraordinarily scary. After all, if removed from the United States, these individuals can be returned to a country that they don’t even know and where their lives and well-being may be in jeopardy.
But even if you’re subjected to deportation proceedings at some point, you should be afforded due process, meaning you’ll have an opportunity to be heard in a meaningful way before a decision is made in your case. Therefore, if you receive notice of the initiation of removal proceedings, then you should get to work developing strong arguments to defend yourself. That can be stressful to think about given the current political climate and the intricacies of immigration law. However, this post should give you a general idea of what you can do to fight against the possibility of deportation.
Fortunately, you might have several defense options at your fingertips. They includes:
- Engaging in an interview that shows a legitimate fear of return to your home country: If you can show the government that you have a real fear of persecution or physical harm if returned to your country of origin, then you might convince the government to hold off on removal proceedings until a determination can be made as whether you qualify for asylum.
- You’re married to a U.S. citizen: A legitimate marriage to a U.S. citizen may qualify you for an adjustment to your immigration status and thereby prevent you from being deported. This is true even if your marriage occurs during removal proceedings. You just have to be sure that the evidence supports a showing that your marriage is in fact genuine, otherwise you may be denied the relief that you seek.
- Relying on the Violence Against Women Act: If you’re the spouse of a U.S. citizen or a legal permanent resident and have been subjected to abuse and violence, then you might be able to self-petition for legal status without having to rely on your spouse’s sponsorship. This can also be used as a defense to deportation proceedings.
- Seeking cancellation of removal: Depending on the facts of your case, you might be able to request cancellation of removal. Here, you’ll likely have to show that you’ve lived in the U.S. for a significant period of time and possess good moral character. Additionally, if you don’t have legal status, then you’ll have to demonstrate how your removal from the country will cause hardship to a U.S. citizen or a family member who is a permanent resident.
- Requesting administrative closure: If the government has made a mistake with its case, then you might be able to request that the case be closed. While the government could pursue their case against you at some point in the near future, this closure might buy you enough time to seek various forms of immigration relief.
It can feel like the U.S. government is behind the steering wheel when you find yourself engrained in an immigration dispute. But it doesn’t have to be that way. Instead, you can educate yourself on your legal options so that you can make the informed decisions that advance your interests and protect your immigration status. If you’d like to learn more about how to navigate your specific set of circumstances, then please continue reading up on this topic.
