Deportation, Removal Proceedings |
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updated 12 May 2007 |
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Five Ways to Stop Deportation of Your Loved One By Ajay Choudhary
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Many people think that if the government places them in
deportation proceedings, there is no way they can avoid
being deported. However, there are ways to stop
deportation that many people do not know about. |
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One way a person in deportation proceedings can avoid
deportation is by applying for cancellation of removal.
A person can apply for cancellation of removal and
obtain permanent residence (a “green card”) if the
person
(1) has lived in the U.S. for ten years,
(2) has
been a person of good moral character,
(3) has a spouse,
parent, or child who is a U.S. citizen or permanent
resident, and
(4) has a spouse, parent, or child who
would suffer exceptional and extremely unusual hardship
if the person is deported.
A person can also apply for cancellation of removal and
obtain permanent residence if the person
(1) has lived
in the U.S. for three years,
(2) has been a person of
good moral character,
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| If a person is placed in deportation proceedings, he
should talk with an attorney about the ways he can avoid
deportation. |
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(3) has been subjected to extreme
cruelty by a spouse or parent who is a U.S. citizen or
permanent resident, and
(4) the person’s deportation
would cause extreme hardship to the person, his child,
or his parent.
Another way a person in deportation proceedings can
avoid deportation is by applying for withholding of
removal.
In order to be granted withholding of removal,
a person must convince an Immigration Judge that if the
person is deported, there is more than a 50% chance that
the person would be persecuted in his native country
because of his race, religion, nationality, membership
in a social group, or political opinion.
A person can avoid deportation if he is granted
adjustment of status (permanent residence) in his
deportation proceedings. One way a person who lawfully
entered the U.S. can become eligible to apply for
adjustment of status is if the person marries a U.S.
citizen in good faith.
A person can also avoid deportation by applying to the
Department of Homeland Security for deferred action on
the ground that there are humanitarian reasons for why
the person should not be deported.
If a person is
granted deferred action, he can obtain authorization to
work in the United States.
If a person is placed in deportation proceedings, he
should talk with an attorney about the ways he can avoid
deportation.
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AJAY CHOUDHARY is an attorney at Coane and Associates,
1900 West Loop South, Suite 820, Houston, Texas 77027.
His e-mail address is
ajay.choudhary@coane.com
and his
phone number is (713) 850-0066.
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