Silver Spring Deportation Defense Attorneys

Common Reasons for Deportation

Deportation, also known as removal, is a serious and complex process that can uproot lives and families. Common reasons for deportation include violations of immigration laws, criminal convictions, visa overstays, and failure to adhere to the terms of a visa. Specifically, individuals may face deportation for entering the United States without proper documentation, committing a crime of moral turpitude or an aggravated felony, or being convicted of certain drug offenses. Additionally, those who overstay their visa or fail to maintain their lawful immigration status are also at risk. Understanding these reasons is crucial in preparing a strong defense.

Defenses Against Deportation

Several defenses can be employed to fight removal:

• Cancellation of Removal: This defense is available to certain lawful permanent and non-permanent residents who meet specific criteria. For permanent residents, this involves proving at least five years of lawful permanent residence, seven years of continuous residence in the U.S., and not having an aggravated felony conviction. For non-permanent residents, the requirements include continuous physical presence in the U.S. for at least ten years, good moral character, and demonstrating that deportation would cause exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
• Asylum and Withholding of Removal: Individuals who fear persecution in their home country because of race, religion, nationality, membership in a particular social group, or political opinion may apply for asylum. To qualify, the individual must apply within one year of arriving in the U.S. and prove a well-founded fear of persecution. Withholding of removal offers similar protection but requires a higher standard of proof.
• Protection under the Convention Against Torture (CAT): Those who can demonstrate that they are likely to be tortured if returned to their home country may seek protection under CAT. This defense requires substantial evidence showing the likelihood of torture by the government or with the government's concession.
• Adjustment of Status: If the individual is eligible to become a lawful permanent resident through family or employment-based petitions, they may apply for an adjustment of status. This process allows them to receive a green card without leaving the U.S.
• Voluntary Departure: In some cases, individuals may request voluntary departure, allowing them to leave the U.S. at their own expense within a specified period. This option avoids the legal consequences of a formal deportation order and may facilitate a smoother return in the future.

Ready to Defend Your Stay in the U.S.? Schedule Your Consultation with our Silver Spring deportation defense attorneys at (240) 202-1566 today.