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Can I Fight A Deportation Order

On Behalf of | Jun 14, 2022 | Firm News

Fighting a deportation order or a removal from the United States is a difficult process due to the complexities that surround the United States Immigration Law. A deportation is initiated with the mailing of a Notice To Appear Letter. If you have received a Notice To Appear, or NTA, from the Immigration and Customs Enforcement (ICE), then it is in your best interest to seek an immigration lawyer immediately.

An immigration lawyer can help you review your notice and the reason included within for your required removal from the United States. In addition to reviewing the government’s justification for your removal, your immigration attorney will also help you prepare a defense to present to you judge in Immigration Court.

Some of the deportation defenses your immigration lawyer may discuss with you include:

  • Renewal of Form I-751: For those whose residency status is a conditional permanent resident, you must remember to file Form I-751 to remove the conditional aspect of your residency status once the specific requirements of your conditional status have been met. If you failed to timely file your Form I-751, then removal proceedings may be initiated against you. An immigration lawyer can help you defend against removal by petitioning a renewal, or extension, to properly file your Form I-751.
  • Criminal Waivers: Criminal activity prior to entering the U.S. or before, during, or after, petitioning for a visa can deem you “inadmissible” to the U.S. and disqualify you for an immigrant visa. In select circumstance certain criminal actions can be waived and not affect your immigration status.
  • Non-Criminal Waivers: Similar to the criminal waiver, a non-criminal waiver allows for an action that while not actually a criminal act is still viewed as a “bad” action, like lying on your visa application, to be disregarded and not affect your petition or current residency status. This too is considered on a case by case basis for those who meet strict regulations in regards to the waiver requirements.
  • Asylum: If you are facing deportation but to return to your home country would mean harm or the threat of harm to your person, then you can qualify for asylum in the United States. The level of harm must be equal to that of “persecution” and be the result of your race, religion, nationality, political affiliation, or affiliation with a particular social group.
  • U Visas and VAWA: Removal proceedings can be halted if you were a victim of certain crimes (and are aiding officials in their investigation) and are granted a U visa. Women who are victims of violence (like domestic abuse, even if from your only visa sponsor) can find deportation relief through the Violence Against Women Act.
  • Voluntary Departure: Allows you to leave the U.S. on you own accord and return home. This is better than a deportation order, as it does leave you eligible to apply for a visa to return to the U.S. – so long as you meet the standard eligibility requirements. Those with a deportation order issued against them, are considered “inadmissible” and are denied a visa to enter the United States

There are several other deportation defenses out there that are not as common as the above but may suit your specific case. Contact an immigration attorney at Little Law, P.A. at 813-279-1140 or fill out the form to the side. We offer free consultations and have a unique insight when it comes to deportation orders. Not only do we handle all types of immigration issues from obtaining visa, helping file petitions to fighting a deportation order, but we also focus our practice on criminal defense as well. When criminal action overlaps with immigration, things can get even more confusing for the individual. With Little Law on your side, you’ll not only have an experience and knowledgeable legal professional at your side but also a compassionate one working diligently to aid you in your immigration needs.