Deportation Defense: Strategies to Fight Removal & Know Your Rights

Receiving a Notice to Appear in immigration court is one of the most frightening experiences an immigrant can face. But being placed in removal proceedings does not mean deportation is inevitable. There are numerous legal defenses and forms of relief that may allow you to remain in the United States.

Know Your Rights

You have constitutional rights regardless of your immigration status. You have the right to remain silent, the right to an attorney (though not appointed at government expense in immigration court), and the right to a hearing before an immigration judge.

Never sign any documents without understanding them. Do not provide false information. If detained, you may be eligible for bond to be released while your case proceeds.

Common Forms of Deportation Relief

Cancellation of Removal: Available to certain long-term residents who can show continuous physical presence, good moral character, and that deportation would cause exceptional hardship to U.S. citizen or permanent resident family members.

Asylum and Withholding of Removal: If you fear persecution in your home country, you may apply for asylum as a defense to removal, even if you did not previously file an affirmative asylum application.

Adjustment of Status: If you have an approved immigrant visa petition (such as through a qualifying family member), you may be able to obtain your green card in immigration court.

"Every deportation case has a story. Our job is to find the legal avenue that allows you to tell yours and fight for your right to stay."

Voluntary Departure

In some cases, voluntary departure may be the best option. This allows you to leave the United States on your own terms without a formal removal order, which can make it easier to return legally in the future.

Act Quickly

Time is critical in deportation cases. Missing deadlines, failing to appear in court, or not filing applications properly can result in an in absentia removal order. Get legal help immediately.