When you’re facing deportation, your emotions run the gambit. No one really prepares you for this situation. And most people have no clue how to navigate a removal defense.
One step to stop deportation threats is proving you cannot be removed based on certain contingencies. Any lawful permanent resident can’t be deported unless they broke the terms of their residency.
You Might be a Citizen if…
You cannot be deported if
- You can show you were born in the U.S.
- One or more of your parents are naturalized.
- You were born in another country, but your parent(s) is a citizen and has lived in the US for a specified amount of time.
Those are easier proofs. Others are more complex. For example, if your grandparent is/was a U.S. citizen, you may be a citizen. For this proof, you’ll need to know when you were born, when your grandparent lived in the United States, and the location of your grandparent’s birth. If one or both of your grandparents are already U.S. citizens, the Immigration judge should be informed. When you have a respectable legal team on your side like Voloshen, we can take care of this step. You may well be a citizen and not know it.
You have rights, so explore them. Deportation from start to finish can take months. Use that time to protect yourself.
Stopping Removal
It’s difficult to stop a removal proceeding if you violated your immigration terms, overstayed your visa, or if you entered illegally. The government has the means to grant relief under special circumstances. For example, you may be eligible for asylum status.
Waivers
Alternatively, you could apply for a waiver (yes, more paperwork). A waiver forgives some factors that would normally disallow your citizenship quest. Waivers are very challenging, and there are no guarantees.
A waiver is a “one-time” deal. You must provide evidence that meets the requirements for relief. For example, having a clean record, i.e., no conviction of a felony, is a boon in your favor.
Having a lawyer increases your chance of success. Consider hiring Voloshen Law. We can represent you in determining what form of relief you can request and stand by you in the removal proceedings to argue your case.
What if?
If your application does not go through, you can appeal the decision. The Board of Immigration Appeals handles these cases. You must put in your appeal within 30 days after the judge declares you deportable.
The Bottom Line
If you want to have the best chance of staying in the United States, contact a lawyer. Yes, there are matters you can handle, but there are a lot of little details you might miss. Voloshen Law has years of experience handling immigration issues. We would be happy to assist you, too.
We are in the Philadelphia, PA, area (specifically Huntingdon Valley). You can use our online contact form to open communications. Or, call our office at 215-437-7854.