The threat of deportation is a devastating turn of events for an immigrant living in the United States. This threat, however, does not necessarily need to come to fruition. By exploring all of the legal options available to you, you can increase your chances of staying here and continuing to pursue your immigration goals.
Adjustment of status
If you are eligible to obtain a green card but have not yet done so, seeking adjustment of status may prevent you from getting deported. For some people visiting the U.S. who intend to stay, they have simply forgotten or put off getting their paperwork in order. If you meet all eligibility requirements, an immigration court may agree to adjust your status and stop removal proceedings
Applying for asylum
If you fear persecution in your home country, you may be able to avoid deportation by filing for asylum in the United States. The persecution you face or are threatened within your home country must be based on one of the following:
- Race
- Religion
- Nationality
- Belonging to a particular social group
- Political opinion
Persecution may take many forms, from imprisonment and forced labor to coerced medical procedures. In order to gain asylum, you must be able to prove you have been persecuted or have a well-founded fear of experiencing persecution if you were to return.
Proving you are not deportable
The case against you may be weaker than government officials would like you to believe. If you have been charged with a criminal offense and this is the grounds for your removal, you have the right to defend yourself against these charges.
The state may not have enough evidence to prove you are guilty. The crime they accused you of may not even be a deportable offense. If the authorities made mistakes in handling your case (thus violating your rights) you might be able to get the charge thrown out altogether. By exploring all potential defense strategies, you can maximize your chances of putting this matter behind you and getting to stay in the U.S.
