February 11, 2022

Steps to Prevent Deportation

asylum deportation

Steps to Prevent Deportation

You have a life and a purpose here in the United States, now you get a notice that what you have worked for might be taken away. The thought of being deported is terrifying for people who might not be here legally or if their immigration status has fallen into question. At Manzoor Law Firm Inc, we know how uncomfortable that situation can be. Here, we’ll go over who is eligible to be deported, what you can do as an immigrant that would put you up for deportation, and things you can do to avoid such drastic measures being taken.

Who cannot be deported and who can? 

First, do you believe you have a claim to be here? Sacramento immigration lawyers would share that people who fall into the following categories would not be able to be removed from the country:

  • those who were born in the US
  • those who were born in another country but have at least one citizen parent
  • those who were born in another country but have a naturalized parent
  • those who were found in the US under the age of 5

Being a citizen and being here legally are two different things. If you are a citizen, you will remain here regardless of the severity of the criminal offense committed, such as the ones listed below. However, being here legally does not make you a citizen. Many people come from around the world for various reasons on multiple visa types. They are here for the duration of the visa legally but that does not make them citizens. For example, if you immigrated to the US fraudulently, that can be a catalyst for deportation.

What can get you deported?

As any Sacramento immigration attorney will tell you, a criminal conviction is the number one cause of deportation. However, you should be advised that not just any conviction will cause such a serious move. Some offenses that would give the government grounds to remove you include, but are not limited to:

  • Aggravated felonies
  • Drug conviction
  • Crimes of moral turpitude
  • Firearm conviction
  • Domestic violence
  • Treason
  • Terrorism

Aside from committing a crime, here are other ways an immigrant can be deported:

  • Going against the visa terms
  • Not updating USCIS when moving
  • Violating immigration laws
  • Using public assistance

What can you do to help prevent deportation?

Something has happened and the United States Citizen Immigration Services (USCIS) has targeted you for deportation. An immigration lawyer Sacramento would have a complete list of ways to avoid being deported, but here is an overview:

  • File an appeal to the order as soon as possible
  • File a stay of deportation
  • Change of immigrant status
  • Apply for asylum
  • 601a provisional unlawful presence waiver
  • Leave the country of your own volition
  • DACA deferred action
  • If the reason for having you removed is due to criminal activity, the US government has the ability to excuse the offense. An I-601 waiver will have to be filed
  • Hire a Sacramento CA immigration attorney

How Sacramento immigration attorneys can help

The reality is, there are a multitude of extenuating circumstances that make the process of halting deportation overwhelming. There are many reasons to be deported and there are many ways to keep someone here. Without having experience, it may be difficult to navigate through the nuances of each possibility from a legal standpoint. The legal system in a country you are not native to can be a challenge to comprehend what route will work best for your circumstances. Being able to work one on one with an immigration attorney in Sacramento would offer a client their best options for being able to remain in America.