The Pappas Group of Orlando has more than 20 years of experience representing clients before the United States Immigration Court in deportation defense, deportation help, and removal proceedings.
If you have received a Notice to Appear (NTA) before an Immigration Judge you should immediately consult with an experienced immigration lawyer.
There are a number of potential deportation defenses available to foreign nationals who are in removal proceedings but the law and requirements of each of those defenses are very complex.
Types of Deportation Defense
The deportation defenses potentially available to an individual in deportation proceedings are:
If you have a credible fear that the government of your home country will persecute you upon your deportation, the law allows you to remain in the country as an asylee.
If you can prove that you were persecuted in the past by your home country government because of your race, religion, nationality, political or membership in a particular social group (and in some cases, on account of your gender), then the Court must presume that you have a credible fear of prosecution and the burden of proving that you don’t shifts to the USCIS.
In order to be eligible for asylum relief you must have filed an Application for Asylum within one year of the day you first entered the United States.
If you don’t qualify for asylum (usually because you failed to comply with the one year rule), you may still be able to avoid deportation by qualifying for withholding of removal.
The United States is a party to the United Nations Convention Against Torture and, as such, cannot and will not remove or deport a person to any country that is likely to torture him or her. The Convention Against Torture defense can function as a deportation defense for those who feel they may face torture if they return to the country of origin.
Even if you don’t qualify for one of the above forms of deportation defense, you may avoid deportation (removal) if you have resided in the U.S. for a specified, continuous period, can prove that you are an alien of Good Moral Character and most importantly, can prove that your deportation would result in an exceptional and extremely unusual hardship to a U.S. citizen or Lawful Permanent Resident spouse, parent, or child.
There are several other mechanisms that may work as a deportation defense and might allow you to avoid deportation. These are generally called “waivers of removal” and usually require a showing that removal or deportation will cause a significant hardship to either a permanent resident or citizen of the United States.