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Deportation Defense 

The motives to migrate to the United States varies from family to family. What immigrants fail to realize, however, is the need for proper documentation to stay in the U.S. It is imperative that immigrants educate themselves on the procedures and laws of the nation to try and avoid deportation.

 

Deportation in the U.S. isn’t uncommon, especially in recent years. Deportation is defined as the removal of a non-citizen from the Unites States back to the country they emigrated from. If allegations of misconduct or violation of immigrant statute occurs, the immigrant is at risk of deportation. All immigrants, criminal record or not, are at more risk of deportation.

 

There are several exceptions in the system that can alter the outcome or time frame of the removal process for example, Deferred Action, or Expedited Removal.

 

Forms of relief from Deportation:

 

  • Deferred Action: Deferred action aims towards a particular group of individuals for instance, childhood arrivals. In these cases, the removal is postponed. The individual or individuals are not to be removed until the continuation of the removal process.

 

  • Cancellation of Removal for non-residents: Requirements include 10 years or more of continuous residency, no criminal record, and are enduring a hardship with a lawful resident of the U.S. or citizen; this can include a spouse, parent, or child with an immigration status of some sort. 

 

  • Asylum: Individuals being victimized due to race, religion, nationality, political opinion, or membership in a group may qualify for asylum. If eligible, they may be able to stay in the U.S. along with their spouse and children.

 

  • Waivers of Deportation: Waiver allows immigrants to get into status or avoid deportation if the immigration is deemed worthy of a waiver by an attorney general or Department of Homeland Security.

 

  • Criminal Waivers: 

    • 212(h) Waiver: Immigrants with criminal convictions or who are considered inadmissible in the U.S. can seek this pardon if spouse or children, who are lawful permanent residents of the U.S., are experiencing extreme hardship.

    • Cancellation of Removal for Lawful Permanent Residents: Only eligible if permanently residing in the U.S. for 5 years, continuous living in the U.S. in any status for 7 years, and not convicted of an aggravated felony.

 

  • Waivers for Fraud and Misrepresentation: If found inadmissible on grounds of immigration fraud, immigrant must prove that family or spouse, who are lawful permanent residents or citizens, are enduring extreme hardship.

 

  • Voluntary Departure: Voluntary Departure is essentially an immigrant deciding to leave the U.S. willingly and the record won't show the departure as a deportation. 

 

Elizee Law Firm is full service immigration law firm. We can guide you and your family through your current immigration case. Our staff is fluent in Spanish and Haitian Creole. Contact us at (305) 371-8846. 

 

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