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Top 10 Defense Strategies Against Deportation in the U.S.

The possibility of deportation can bring fear and uncertainty, affecting not only your sense of security but also the people you care about most. It’s a situation no one wants to face, but it’s important to know that there’s hope. With the right approach, you can take steps to protect your place in the U.S. and fight for what matters most to you. At Rahimi Law Firm, we understand the weight of this experience and are here to stand by your side. You don’t have to face this battle alone—we’re here to help you move forward with confidence.

Cancellation of Removal

Cancellation of removal is a powerful defense for those who meet specific qualifications. If you’ve been in the U.S. for at least 10 years, have demonstrated good moral character, and can prove that deportation would cause exceptional hardship to a U.S. citizen or lawful permanent resident family member, this option may apply. It’s an opportunity to secure your place in the country and protect your loved ones.

Adjustment of Status

Adjustment of status allows eligible individuals to transition from a temporary visa to lawful permanent residency without leaving the U.S. This defense is often used by those who qualify for a green card through family sponsorship or employment. By changing your immigration status, you may be able to avoid deportation and secure a more stable future.

Asylum Application

Applying for asylum is a vital defense for individuals who fear returning to their home country due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group. By demonstrating credible fear of harm, you can seek protection in the U.S. and build a safer, more stable life for yourself and your family.

Prosecutorial Discretion

Prosecutorial discretion allows immigration authorities to close or pause your deportation case based on your unique circumstances. This option is often used when humanitarian factors, family ties, or your contributions to the community support a favorable outcome. While not a guarantee, it can provide relief and give you more time to explore other legal defenses.

Voluntary Departure

Voluntary departure allows you to leave the U.S. on your own terms rather than facing formal deportation. By requesting this option, you can avoid certain penalties and preserve your ability to reapply for entry in the future. It’s a way to manage your situation while protecting future opportunities.

Waivers for Inadmissibility

A waiver for inadmissibility can help resolve issues like unlawful presence, prior deportations, or certain criminal convictions, allowing you to remain in the U.S. These waivers are granted based on factors such as family ties, hardship, or rehabilitation. If approved, a waiver can remove barriers to legal residency, giving you another chance to secure your future and protect your loved ones.

Temporary Protected Status (TPS)

Temporary Protected Status (TPS) offers relief to individuals from countries experiencing war, natural disasters, or other severe crises. While TPS provides temporary protection from deportation and authorization to work in the U.S., it can also open doors to other immigration opportunities. It’s a valuable option for those needing immediate and reliable protection.

U Visa or T Visa

The U Visa and T Visa provide protection for victims of crime and human trafficking who assist law enforcement. A U Visa is for those who’ve suffered significant harm from a qualifying crime, while a T Visa aids trafficking survivors. These visas offer a path to legal residency while helping bring justice to perpetrators.

Appeals and Motions to Reopen

If you’ve received an unfavorable decision in your deportation case, you may have the option to appeal or file a motion to reopen. Appeals challenge legal errors, while motions to reopen present new evidence or changed circumstances. Acting quickly is vital, as deadlines are strict. These actions can provide another opportunity to defend your case effectively.

Bond Hearings

A bond hearing gives you the chance to request release from immigration detention while your deportation case is pending. By securing a bond, you can return to your family and community as you prepare your defense. A successful bond hearing provides time and stability to focus on protecting your rights and future.

Contact an Experienced New York City Deportation Defense Attorney

Deportation is a daunting process, but you don’t have to face it alone. With the right defense strategy, you can protect your rights, your future, and your family. At Rahimi Law Firm, we are dedicated to helping individuals and families fight deportation and build a secure life in the U.S. Contact us today for a consultation, and let’s work together to find the best path forward for your unique situation.