Common Deportation Defenses

Facing deportation for any reason is extremely stressful. You may have already established a home, raised a family, and have found gainful employment. Deportation can separate you from all of this and make life very difficult. Fortunately, even if deportation proceedings have been started, there are still many defenses available that can help you avoid the worst-case scenario. Below, our Tampa immigration attorney outlines the most common defenses in deportation cases.

Termination of Deportation Proceedings 

It may be possible to formally terminate deportation proceedings, also known as administrative closure, for many reasons. These include an approved or pending immigrant visa petition, lack of jurisdiction, irregularities regarding the government’s accusations, and eligibility for citizenship in the United States. These are just a few reasons deportation proceedings may be terminated. A Tampa immigration lawyer will identify relevant circumstances, negotiate with the government’s lawyers, and petition for the termination of deportation proceedings.

Adjustment of Immigration Status 

You may qualify for lawful permanent residency, also known as green card, while you are in deportation proceedings. In some situations, a foreign national with a pending or approved immigrant visa petition can obtain lawful permanent residency. A family member or employer can sponsor the petition for your green card, which would terminate deportation proceedings.

Cancellation of Removal 

Cancellation of Removal proceedings can serve as a defense to deportation for lawful permanent residents, as well as individuals without legal immigration status in the United States. If it is granted, an undocumented individual can obtain lawful permanent resident status.

Lawful permanent residents must establish several facts in their case. These are as follows:

• They have carried permanent resident status for at least five years.
• They have been physically present in the country for at least seven years.
• They are not facing deportation based on a certain criminal conviction.

Individuals who do not have lawful permanent residence must also prove certain factors in their case. These include:

• They have lived in the U.S. for a minimum of ten years.
• They are a person of good moral character.
• Their deportation would cause unusual or extreme hardship to family members with lawful permanent resident status or United States citizens.

Asylum

 Asylum can be used as a defense to deportation if an individual fears persecution in their country based on their religion, race, political opinion, nationality, or membership in certain groups. A Tampa immigration attorney can help you obtain the necessary evidence, help you prepare your testimony, and take the necessary steps to prove that you require asylum.

Our Immigration Attorney in Tampa Can Defend Your Case 

Facing deportation, and the loss of the life you have built in the United States, is extremely stressful. Even if the process has already started, it does not automatically mean you will be deported. At Florida Law Advisers, P.A., our Tampa immigration attorney can advise on the available defense strategies and determine which one is right for you so you obtain the best outcome possible. Call us now at 1(800) 990-7763 or chat with us online to schedule a consultation and to get the legal help you need.