Being detained by Immigration Enforcement (ICE) or finding out that a family member has been put in deportation proceedings can be very scary. Although you are not required to be represented by an immigration attorney in deportation, it is very helpful to hire a deportation attorney to represent you. Deportation attorneys know the immigration law and can determine your best options for relief.
Generally, there are two main applications that you can file in deportation proceedings: Asylum and Cancellation of Removal. If the judge approves your case, you are allowed to remain in the United States, obtain a work permit and your green card.
Most people from violent countries choose to apply for asylum. A person can file for asylum if they have faced past persecution in their country or if they have a fear of future persecution. Persecution means severe mental or physical harm. As part of asylum you also have to show that you were or will be targeted for persecution because of your race, religion, nationality, political opinion, or something special about you that you cannot change.
In the past, women who have been the victims of domestic violence because they could not leave a violent relationship have qualified for asylum. However, recently, the administration of President Trump has made it much harder for domestic violence victims to qualify for asylum. President Trump has also made it hard for those who suffer from gang violence to qualify for asylum.
The law regarding asylum is very complex and is consistently changing. That is why it is advisable to hire a deportation attorney who can study your situation and help you make the best deportation defense arguments for your case.
Cancellation of Removal
Another common application in deportation proceedings is called Cancellation of Removal. To apply for Cancellation of Removal you must show:
- You have been in the United States continuously for at least 10 years
- You have a spouse, parent, or child (under 21 years old) who is a US Citizen or Lawful Permanent Resident
- Your relative will suffer exceptional and extremely unusual hardship if you are deported
- You have good moral character
- You do not have any convictions that make you inadmissible or deportable
The meet the standard of “exceptional and extremely unusual hardship” you have to show that your relative will suffer more than the average person. This can be difficult to prove. That is why it is important to find a deportation attorney who can help you find the proof you need to meet the qualifications.
The immigration attorneys at Vanderwall Immigration have represented hundreds of clients in deportation defense proceedings. We understand the law and help fight for your rights in immigration court. Our mission is to unite families. If you or a loved one is caught in deportation proceedings, we want to help you. Call us for a consultation at (503) 206-8414.