Order of Removal or Deportation
If you received an order of removal or you simply fear deportation, there are ways to protect yourself and help you remain in the country. If you are being given the opportunity to attend immigration court, there are paths to help you remain in the country by presenting a valid case. Our team at Revilla Law Firm, P.A. explains the most common forms of stopping deportation.
If you are facing deportation, get in touch with our Miami immigration attorneys today at } to schedule a consultation!
#1: Cancellation of Removal Waivers (LPR)
If you are a lawful permanent resident (LPR) facing deportation, you may be eligible for cancellation of removal. Cancellation of removal is a request made to the court to seek relief from deportation and allows you to keep your green card. To be eligible for cancellation of removal, you must have been a lawful permanent resident (LPR) for at least five years and have continually resided in the United States for at least seven years after being admitted.
For example, if you committed a small offense, you can apply for a cancellation of removal waiver to help you avoid deportation. Your application will need to demonstrate that your good behavior outweighs any criminal offenses. However, if you have been convicted of an aggravated felony, you may not qualify for a cancellation of removal waiver.
#2: Cancellation of Removal Waivers (Non-LPR)
Even if you are not a lawful permanent resident, you can still apply for cancellation of removal. You can request cancellation of removal if you can prove residence in the United States of at least ten years. You will also need to provide evidence of ethical characteristics, no deportable criminal offenses, or that your deportation cause difficulties for an American relative (such as children).
#3: Political Asylum
If you immigrated to the United States because you suffered persecution in your country of origin due to your race, religious beliefs, citizenship, political viewpoint, or for being a member of a social group, you may qualify for political asylum. You can apply for political asylum only one year after arriving in the United States.
#4: Adjustment of Status
In a few circumstances, individuals facing deportation can avoid it by applying for adjustment of status to become lawful permanent residents. In this case, you would need an American relative who is a U.S. citizen or green card holder to file a petition (I-130). In some cases, individuals aren’t aware that they can apply for adjustment of status with the help of a family member. Once a person faces deportation, they can use adjustment of status to avoid it and remain with their family.
#5: U Visa
U visa is another option to remain in the United States and avoid deportation. A U visa is granted to immigrants who were victims of violence and suffered psychological or physical abuse. When a person comes forward and works with the police in the examination and prosecution process, the United States can grant the individual a U visa to help them remain in the country. However, the criminal case must be one that helps the police officers solve crimes in the United States. To determine if you qualify, get in touch with an experienced immigration attorney.
If you fear deportation or you received an order of removal, get in touch with our Miami immigration lawyers as soon as possible. Our team is here to help you understand your options and remain in the country with your loved ones. Contact us today at (305) 858-2323!