How to Stop Deportation (6 Common Options)
February 14, 2018 – David Hahn
Facing deportation is a stressful situation for you and your loved ones. But, it doesn’t mean that you’re out of options. In this article, we’ll discuss a few common ways to stop deportation.
Deferred Action (DACA)
Deferred Action is when the government agrees to not take action on your case for a limited amount of time, usually 2 years. Afterward DACA recipients can apply for a work permit and social security number, giving them access to essential documents like a Driver’s License. If you are currently benefiting from this agreement or want to apply, you should talk to an immigration attorney since the status of the program is shifting.
Adjustment of status
Adjustment of status is a process you can use to apply for lawful permanent residence without leaving the country. Typically these options are available to people who have entered the country legally. An immigration attorney will help you understand if this option will work for you.
But, what if you didn’t enter the country legally?
Cancellation of Removal and Adjustment of Status for Certain Non-Permanent Residents
This act can help you stop deportation, but you need to make sure that you meet the strict requirements. Some of the requirements include:
- Having lived in the U.S. without leaving for 10 years or more.
- Being a person of good moral character.
- Not having a conviction that includes serious offenses.
- Your removal would cause unusual hardship to another qualifying United States citizen, for example, a spouse, parent, or child.
Violence Against Women Act (VAWA)
If you have been a victim of abuse or extreme cruelty you may be able to apply for a cancellation of deportation. Among other things you’ll need to have proof of residence in the U.S. for 3 years and a good moral character. Taking advantage of this act can help you get a green card and provide a path to citizenship.
If you came to this country seeking protection from persecution based on race, religion, nationality, social group, or political opinion you may qualify to receive protection through Asylum. Successfully applying for Asylum can help you get a work permit and eventually a green card, but you must fall into one of the mentioned categories.
Withholding of Removal Under Section 241 and Under the Convention Against Torture
Withholding of removal can stop deportation based on danger you’ve experienced in the past or may experience in the future from your home government. This process can also be used if you may experience serious harm upon returning to your home country.
The Convention Against Torture or CAT specifically protects those who could be tortured when returning to their home country. To take advantage of this act the person would need evidence to prove this possibility, such as evidence of past torture.
Unlike Asylum, it’s usually not possible to apply for permanent residence after receiving the benefits of these acts. But, they can help you stay in the U.S. and receive work permits.
What can you do?
These are just some of the options available if you’re facing deportation. Since your options vary greatly depending on your situation, it’s best to talk to an immigration lawyer to understand your options.
Our Minneapolis law firm, Robichaud, Schroepfer & Correia, P.A., would be happy to help you understand your legal situation. Contact us today to learn what you can do to stop deportation.
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