Many people facing immigration challenges worry that deportation is inevitable. However, U.S. immigration law provides several forms of protection that may allow eligible individuals to remain in the United States, even when facing removal proceedings.
Three of the most commonly discussed protections are VAWA, asylum, and DACA. While each serves a different purpose, all can provide important safeguards for qualifying individuals.
VAWA: Protection for Victims of Abuse
The Violence Against Women Act (VAWA) isn’t limited to women. It allows certain immigrants who have suffered abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child to seek immigration benefits independently.
One of the primary purposes of VAWA is to prevent victims from remaining trapped in abusive relationships because of their immigration status.
Eligible individuals may be able to self-petition for lawful status without relying on the abusive family member to sponsor them. In some cases, VAWA relief can also provide protection against deportation and create a pathway toward permanent residence.
Asylum: Protection From Persecution
Asylum may be available to individuals who cannot safely return to their home country because they have suffered persecution or have a well-founded fear of future persecution.
The persecution must generally be connected to one of several protected grounds, including:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Asylum cases are often complex and require substantial evidence. Individuals granted asylum may be permitted to remain in the United States, obtain work authorization, and eventually apply for permanent residence.
Because strict filing deadlines and legal requirements often apply, it’s important to seek legal guidance as early as possible.
DACA: Temporary Protection for Certain Childhood Arrivals
Deferred Action for Childhood Arrivals (DACA) was created to provide temporary protection for certain individuals who were brought to the United States as children.
Although DACA doesn’t provide lawful permanent resident status or a direct path to citizenship, it can offer important benefits, including:
- Protection from deportation while DACA remains valid
- Employment authorization
- The ability to obtain certain identification documents and benefits depending on state law
DACA has been the subject of ongoing legal and political challenges, making it especially important for recipients to stay informed about policy developments and renewal requirements.
Every Immigration Case Is Different
VAWA, asylum, and DACA are only a few of the forms of relief that may be available under U.S. immigration law. Eligibility depends on an individual’s unique circumstances, immigration history, and supporting evidence.
What works for one person may not be available to another, which is why personalized legal advice is so important when facing deportation concerns.
Understanding Your Options
Facing removal proceedings can be overwhelming, but deportation isn’t always the end of the story. Various forms of protection may be available depending on your circumstances.
At Jensen Bagnato, P.C., our Philadelphia immigration attorneys help individuals and families explore available immigration relief, defend against deportation, and pursue pathways to lawful status. Contact us today to discuss your situation and learn how we may be able to help.