If you are a green card holder currently facing deportation from the United States, you may feel overwhelmed and unsure of where to turn. Fortunately, with the right New York City deportation defense lawyer in your corner, you may have a wide variety of potential defenses at your disposal. Please continue reading and contact Lightman Law Firm to learn more.
What Are the Best Defenses Against Deportation?
For green card holders facing deportation, understanding and effectively leveraging available defenses is crucial. Depending on the circumstances of your individual case, you may be able to use one of the following defenses:
- Cancellation of Removal: Available for individuals who have been physically present in the U.S. for at least ten years, this defense requires demonstrating ‘good moral character’ and proving that deportation would cause extreme hardship to U.S. citizen or permanent resident family members. It’s a complex process that often involves detailed evidence and legal arguments.
- Waivers for Criminal Convictions: Certain criminal convictions can be waived, allowing you to avoid deportation. This typically applies to minor offenses or instances where there’s been a substantial change in circumstances or behavior. Legal representation is crucial in these cases to navigate the intricate waiver process.
- U Visa for Crime Victims: If you’ve been a victim of a qualifying crime and have helped law enforcement in the investigation or prosecution of the crime, you might be eligible for a U visa. This defense not only helps avoid deportation but can also lead to lawful status in the U.S.
- Adjustment of Status: This defense involves changing your legal status to a more secure immigration category. Eligibility often hinges on factors like marriage to a U.S. citizen or employer sponsorship. Successfully adjusting your status can provide a more permanent solution to your immigration challenges.
- Asylum Claims: If returning to your home country poses a threat due to race, religion, nationality, membership in a particular social group, or political opinion, seeking asylum could be a viable defense. This process requires substantial proof of the threat, including documentation and possibly testimonies.
- Family-Based Petitions: Strong family ties to U.S. citizens or permanent residents can be a significant factor. This involves filing a petition by a qualifying relative, which can help in obtaining a waiver or other relief from deportation.
- Specialized Visas (e.g., T, S, or VAWA Visas): These visas are specific to certain situations. T visas are for victims of human trafficking, S visas for individuals assisting law enforcement, and visas under the Violence Against Women Act (VAWA) are for abuse victims. These visas can provide a path to avoid deportation and potentially lead to permanent residency.
Importantly, legal counsel is invaluable in immigration proceedings, so if you’re currently faced with the prospect of deportation, you should contact an experienced attorney as soon as possible.
