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Defenses to deportation

| Nov 20, 2020 | Removal Defense

Immigrants come to Colorado from around the world to work and raise a family. If you received a notice of removal, you may have options that allow you to remain in the United States. Several of these options require that you have no record of violent crimes.

According to the Immigrant Legal Resource Center, removal defense involves advocating for individuals facing deportation from the United States. In many cases, legal representation is the difference between winning or losing your case. There are several defenses to deportation.

Non-legal permanent residence of cancellation removal

You may have the removal proceedings canceled and obtain lawful permanent resident status. During the process, you must establish several key points, such as the following:

  • That a child, spouse or parent who is a legal U.S. resident will suffer extreme or unusual hardship if you leave the country
  • That you have at least 10 years of good moral character standing
  • That you were in the U.S. for at least 10 years before Immigration began court proceedings

You can prove good moral character by requesting friends, co-workers, or clergy members write positive letters about you.

Temporary protected status

If returning to your home country temporarily is not safe, or if the government cannot handle the return of its nationals, you may have grounds for temporary protected status. If you came from Eastern Europe or Central America and entered the United States before certain dates, you may use TPS or the Nicaraguan Adjustment and Central American Relief Act as removal defense.

You can request voluntary departure rather than wait for deportation if you can return to your home country and obtain a visa to return to the U.S. Although this option is unavailable in some circumstances, it might be your best option. There are several additional removal defense options available. The one that works best for you depends on your situation and its unique details.