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Deportation defense: There are steps you can take

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If you are facing deportation, it's imperative to learn more about your situation. In addition to what's happened to this point, you should also learn more about the many federal laws that dictate your future.

As difficult as it sounds, there are many steps you can take to avoid deportation. The types of relief fall into one of the following categories:

  • Discretionary relief: With removal proceedings in motion, you're able to use this to defend yourself. It's your responsibility to prove that you're eligible for relief based on the current laws.
  • Cancellation of removal: This is only available to qualifying non-permanent residents and lawful permanent residents. With this, your status is changed from deportable to lawfully admitted. You're required to complete an application for cancelation of removal.
  • Asylum: Depending on the circumstances, an alien may receive asylum if they qualify as a refugee. It's your responsibility to prove an inability to return to your home country as a result of fear of persecution, such as related to religion or race.
  • Adjustment of status: This happens when your immigration status is changed while living in the United States. An adjustment of status typically occurs as the result of a petition by a spouse, immediate family member or employer.

Appealing a decision

If your deportation defense strategy is successful, you have no reason to consider an appeal. Conversely, if you lose your case, you have the legal right to file an administrative appeal.

Even if the Board of Immigration Appeals rules against you, it's not the end of the line just yet. Depending on the circumstances, you may be able to appeal to the federal court.

Since the process of appealing a decision is complex, you shouldn't wait to take action. In addition to mounds of paperwork, there are time deadlines that you must adhere to. Missing one of these will result in the dismissal of your case.

It's comforting to know there are so many deportation defense strategies to consider. Once you understand your situation and available options, you can make a final decision as to what you should do next.

Visit our website for more information and advice on a variety of topics related to deportation and immigration.

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Monzón, Guerra & Associates, Attorneys at Law
1133 H Street
Lincoln, NE 68508

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