According to recent statistics, over one million people were deported from 2021 to 2024. If you are facing a similar situation, you are not alone. With help from deportation defense lawyers in Dallas, you can strive to stay in the United States. However, it is important to remember that each deportation case is unique. Although it can be helpful to review potential deportation defense strategies, the most appropriate option for you depends entirely on your specific circumstances. During a consultation with a legal professional, you can discuss your situation in more detail and determine your next steps with confidence.
Determine Why You are Being Deported
The first step is simple: Determine why you are being deported. Once you understand the reasons behind your deportation, you can respond with an accurate, targeted defense strategy. Sometimes, migrants receive letters that explain these reasons in detail. In other situations, migrants are held in detention before being deported – often after attempting to cross the border.
Whatever the case may be, it can be challenging to determine the underlying reason for your deportation – especially if you are struggling with various language barriers. In this situation, it might be helpful to get in touch with a lawyer. These legal professionals can help you determine why you’re being deported – and how to respond.
Here are some common reasons for deportation in the United States:
- Overstaying Your Visa: Although some people intentionally overstay their visas, others commit this violation accidentally. It is all too easy to forget the timeline associated with your visa, and this can lead to serious consequences. For example, you might have overstayed your visit on a tourist visa.
- Committing Certain Crimes: If you are convicted of a “deportable offense” in the United States, you may be forcibly ejected from the nation. Deportable offenses are generally limited to serious crimes – especially violent offenses.
- Immigration Fraud: If you have been accused of immigration fraud, you could face deportation. A common example includes a “green card wedding,” but virtually any type of misrepresentation can lead to deportation.
- Illegal Entry: Crossing the border illegally is a surefire way to face deportation. This is one of the key reasons to work with an experienced immigration lawyer and enter the country legally instead.
- Going on Welfare: If you receive public assistance (also known as “welfare”) within five years of arriving in the United States on a green card, you could face deportation. This is another common mistake made by new arrivals.
Asylum/Refugee Status
One option is to claim protection as a refugee. In the United States, you may be granted asylum under certain circumstances. However, the requirements for asylum are quite strict, and not everyone can claim to be a refugee. Generally speaking, refugees are people escaping from war or political persecution. You might also claim refugee status when persecuted based on your race, religion, or nationality. Speak with an experienced immigration lawyer to determine whether this protection might apply to you. If you successfully claim to be a refugee, it becomes very difficult for the authorities to deport you.
Request an Adjustment of Status
Your lawyer might also help you request an “adjustment of status.” With this process, you can apply for lawful permanent resident status without first leaving the United States. If you choose this option, you need to have entered the country legally – making it unsuitable for many migrants facing deportation. However, this deportation defense strategy can still be very effective under certain circumstances.
First, you need to determine your “immigrant category.” Next, you must file a petition. If your petition is approved, you can file out various forms to continue the process. You might also need to provide supporting documentation, and the nature of this documentation depends on the nature of your adjustment of status.
If all goes well, you will need to book various appointments and attend interviews with immigration authorities. Finally, you must wait for a final decision on your petition. Speak with an immigration lawyer to determine if this strategy is right for you.
Criminal Waivers
If you are facing deportation because of a criminal conviction, it may be possible to stay in the country by obtaining a “criminal waiver.” This type of strategy requires you to remain in the United States for seven consecutive years after arriving. It is important to note that this strategy does not work with all criminal convictions. The most serious crimes are always deportable offenses.
Those who have been sentenced to more than five years in prison for a felony do not qualify for criminal waivers. You might also need to show that your deportation would cause serious hardship to spouses, children, and other dependents in your family.
DACA
Also known as “Deferred Action for Childhood Arrivals,” DACA is a crucial program for many who wish to stay in the United States. This program is only available to young people, and it targets those who arrived in the United States as children. If this applies to you, you may be able to stay in the United States even if you remained in the country unlawfully for many years. Note that this does not grant you citizenship, but it may provide you with a work permit that eventually leads to permanent residence.
Although DACA is still active at the time of this writing, its future is somewhat unclear. Political changes could threaten its continued survival, and the Supreme Court has ruled that it is a violation of federal law in the past.
Contact The Presti Law Firm Today
If you would like to discuss your legal options in more detail, book a consultation with The Presti Law Firm today. With our help, you can review various potential deportation defense strategies. While internet research is a positive first step, it cannot replace targeted guidance from a legal professional. Remember, there may be strict time limits associated with your deportation defense. It makes sense to get started with a Dallas immigration lawyer as soon as possible, so reach out now to take the steps.