Common Defences Against Deportation

Table Of Contents

What Are Common Asylum-Based Defences?

Common asylum-based defences involve seeking protection from removal based on a well-founded fear of persecution. An individual must demonstrate a legitimate fear of persecution in their home country. The persecution must relate to race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a powerful defence against deportation. The asylum process requires detailed documentation. The asylum process requires compelling testimony.
An asylum claim provides a potential pathway to legal status. An individual must file an asylum application within one year of their arrival. Exceptions to the one-year filing deadline exist for changed circumstances or extraordinary circumstances. An asylum officer interviews the individual. An immigration judge hears the asylum case if the asylum officer does not grant asylum. The individual presents evidence of persecution during the immigration court hearing.

How Does Withholding Of Removal Work As A Deportation Defence?

How does withholding of removal work as a deportation defence? Withholding of removal prevents an individual's deportation to a country. The individual's life or freedom is threatened in that country. Withholding of removal offers a higher standard of proof than asylum. An individual must prove a clear probability of persecution. Withholding of removal is a mandatory form of relief. The government cannot remove an individual. The individual qualifies for withholding of removal.
Withholding of removal does not grant permanent residency. An individual granted withholding of removal cannot travel internationally. An individual cannot apply for family members to join them. Withholding of removal provides protection from deportation. An individual remains in the United States legally. The individual receives an Employment Authorisation Document.

What Are Common Family-Based Defences?

Common family-based defences against deportation involve proving a qualifying family relationship. A qualifying family relationship establishes eligibility for various forms of relief. Family-based petitions often rely on a United States citizen spouse, a lawful permanent resident spouse, a United States citizen parent, a lawful permanent resident parent, a United States citizen child, or a lawful permanent resident child. Family-based petitions aim to adjust an individual's immigration status. An individual's eligibility depends on the individual's specific circumstances.
Cancellation of removal is a common family-based defence. Non-permanent residents qualify for cancellation of removal. An individual shows continuous physical presence in the US for ten years. The individual demonstrates good moral character. The individual proves exceptional and extremely unusual hardship to a qualifying relative.

How Does Adjustment Of Status Apply To Deportation Defences?

Adjustment of status applies to deportation defences when an individual changes the individual's immigration status from non-immigrant to immigrant. This defence allows an individual to obtain a Green Card without leaving the United States. An individual has an approved immigrant petition. An individual has an available visa number. An individual demonstrates admissibility to the United States. Adjustment of status prevents deportation proceedings.
An individual meets specific eligibility requirements for adjustment of status. An individual enters the US lawfully. An individual maintains a lawful immigration status. Certain criminal convictions bar adjustment of status. An immigration judge grants adjustment of status in removal proceedings. The individual receives lawful permanent resident status upon approval.

What Are Common Waiver-Based Defences?

Common waiver-based defences address grounds of inadmissibility or deportability. These waivers allow an individual to overcome certain immigration violations. The waivers help individuals remain in the US. Waivers are discretionary forms of relief. An immigration judge decides whether to grant a waiver. The judge considers all positive and negative factors.
Waivers exist for various issues. Waivers address unlawful presence. Waivers address certain criminal offences. Waivers address misrepresentation. An individual demonstrates extreme hardship to a qualifying US citizen or lawful permanent resident relative. The hardship is exceptional. The individual's favourable factors outweigh any negative factors.

How Does Prosecutorial Discretion Help in Deportation Defences?

Prosecutorial discretion helps by allowing the government to exercise its authority not to pursue a deportation case. Immigration and Customs Enforcement (ICE) attorneys have discretion. ICE attorneys can close a deportation case. ICE attorneys can agree to a less severe outcome. Prosecutorial discretion is not a formal legal defence. Prosecutorial discretion provides relief from deportation.
An individual's circumstances influence the decision for prosecutorial discretion. An individual's ties to the community are relevant. An individual's family responsibilities are relevant. An individual's health conditions are relevant. An individual's past immigration history is relevant. Prosecutorial discretion offers a chance to avoid removal proceedings.

FAQS

What is voluntary departure in deportation cases?

Voluntary departure allows an individual to leave the country willingly. Voluntary departure avoids a formal deportation order. An individual must agree to depart by a specific date. Voluntary departure may allow future re-entry. An individual avoids the negative consequences of a deportation order.

How does cancellation of removal for permanent residents work?

Cancellation of removal for permanent residents prevents deportation for lawful permanent residents. An individual is a lawful permanent resident for five years. An individual resides continuously in the US for seven years after admission. The individual does not commit certain serious crimes.

Why is demonstrating good moral character important for deportation defence?

Demonstrating good moral character is important for many deportation defences. Good moral character is a requirement for cancellation of removal. Good moral character is a requirement for adjustment of status. An individual must show they uphold societal standards. Criminal history often impacts good moral character findings.

When does a U Visa provide deportation protection?

A U Visa provides deportation protection for victims of certain crimes. An individual must have suffered substantial physical or mental abuse. The individual must cooperate with law enforcement in the investigation or prosecution of the crime. A U Visa offers a pathway to lawful status.

Which defence addresses past unlawful entry?

A waiver for unlawful presence addresses past unlawful entry. The I-601A provisional unlawful presence waiver is a common option. The waiver allows an individual to seek an immigrant visa abroad.

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