When you face deportation, removal and exclusion from the US, do you have any options to stop this? To know whether you have any such remedy available or not, you need to get in touch with a deportation attorney immediately. Here are the discretionary relief options that may come of use in your case.
Seeking asylum – is possible if an individual qualifies to the legal definition of a ‘refugee'. This requires the individual to establish that they cannot return to their home country due to two reasons – past persecution or threat (of well-founded nature) of future persecution on certain grounds.
As per the Immigration and Nationality Act, it is the discretion of the Attorney General to grant this. The acceptable grounds are race, nationality, membership in a particular social group, religion, or political opinion. However, you may not be able to get this if –
• You did not file for asylum within a year of your stay in the US
• You are guilty of aggravated felony
• You are a threat to national security
Getting your status adjusted – if your spouse (or someone of your family) or your employer petitions for a visa and you meet all criteria for being a permanent resident, you may get an adjustment of status. For this, your Miami deportation attorney needs to apply to the Immigration Judge while the removal proceedings are ongoing.
Getting the removal order cancelled – a lawful permanent resident may qualify for this if –
• He/she is lawful permanent resident for a minimum of 5 years
• He/she is a resident for a minimum of 7 years after the grant of permanent residence
• He/she does not have any conviction of aggravated felony on your record
A non-permanent resident may also get this if –
• He/she is continuously residing in the US for a minimum of 10 years
• He/she is an individual of good moral character
• He/she does not have any conviction that makes him/her eligible for removal
• He/she as well as immediate family members would face exceptional and extreme hardship because of this
Opting for voluntary departure – as your deportation attorney will tell you; this is only an option when no others are available. Before the formal removal, you may opt to depart on your own and return to your home country or go to another country. The Immigration Judge has the discretion to set the deadline within which you need to depart.
Immigration and deportation laws are a complicated domain. You need to get an attorney who can handle the case and help you find the relief options that suit your case. Delay in this may deem you ineligible for any kind of relief.
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