If you’re an immigrant to the United States, deportation has likely always been one of your top concerns. But with the current political climate, things have gotten so much more worrisome. If you or someone close to you has received a notice of deportation or removal proceedings, seeking guidance and help from an immigration attorney will be your smartest, safest move. There are several steps that can be taken to stop a deportation, and an experienced immigration lawyer will be best equipped to know which is most appropriate for your situation.
To stop deportation, an immigration attorney will start by asking the person who is its target for all of the pertinent information about their presence in the United States. They will also examine the Notice to Appear to ensure that it was filed correctly, as there are often mistakes that make this crucial document invalid. The questions that your attorney will ask about the subject of the notice’s personal journey will include when they first came to the country and when (if ever) they have left and come back. They will ask about family members and their immigration status, as well as about marital status, illness, hardship, persecution, abuse, arrests, and more.
Though these questions may seem intrusive, they provide your immigration attorney with invaluable facts that can be use in support of an application for a Grant of Cancellation, including proof of abuse, ownership of a business in the United States, and good standing within the community. A Grant of Cancellation requires ten years of continuous physical presence in the country up to the date of the court filing of the Notice to Appear for deportation. The attorney will use the information you’ve provided to show that during that time you have demonstrated good moral character, and may attempt to show that your deportation would lead to exceptional and extremely unusual hardship for a U.S. citizen or resident parent, spouse or child.
Though having a Grant of Cancellation approved is extremely challenging, even submitting an application for cancellation provides the subject of the deportation notice with the most precious commodity of all: time to look for other legal remedies for the deportation. This may include a work permit, a granting of asylum, or some other adjustment of status such as Temporary Protected Status, a waiver, or prosecutorial discretion.
Contact the experienced immigration attorneys at Jensen Bagnato for help!
