deportation defense lawyer can explore several alternatives to deportation in order to help their clients avoid removal from the country. These alternatives aim to provide legal avenues for individuals to remain in the country, either temporarily or permanently, based on their specific circumstances. Some of the alternatives that a deportation defense lawyer can explore include
Adjustment of Status
This option allows individuals who are already in the United States to apply for lawful permanent residency (green card) without leaving the country. It is typically available to those who have a qualifying family relationship, employment offer, or other specific eligibility criteria.
Asylum or Refugee Status
Individuals who have a well-founded fear of persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group may be eligible for asylum or refugee status. This alternative provides protection and a pathway to legal residency for those fleeing persecution.
Cancellation of Removal
This option is available to individuals who have been living in the United States for a certain period of time and can demonstrate that their removal would result in exceptional and extremely unusual hardship to their U.S. citizen or lawful permanent resident family members. Cancellation of removal is available for both lawful permanent residents and non-lawful permanent residents.
Deferred Action
Deferred action is a discretionary decision by the Department of Homeland Security (DHS) to temporarily defer an individual’s removal from the country. It provides a temporary reprieve from deportation and may also grant work authorization. Deferred action is typically granted to individuals who entered the country as children (DACA recipients) or those with compelling humanitarian reasons.
Prosecutorial Discretion
Prosecutorial discretion allows immigration authorities to exercise discretion in deciding whether or not to pursue removal proceedings against an individual. A deportation defense lawyer can advocate for their client by presenting compelling reasons why the government should exercise prosecutorial discretion and choose not to pursue removal.
Voluntary Departure
In some cases, a deportation defense lawyer may negotiate with immigration authorities for voluntary departure. This allows individuals to leave the country voluntarily within a specified timeframe, often avoiding certain penalties associated with removal. Voluntary departure can be a more favorable option for individuals who wish to maintain a clean immigration record.
Waivers
Certain grounds of inadmissibility or deportability may be waived under specific circumstances. A deportation defense lawyer can explore whether their client qualifies for any waivers, such as waivers for unlawful presence, fraud, or criminal convictions, which could potentially allow them to remain in the country.
Relief under Special Programs
There are various special programs available that provide relief from deportation, such as the Temporary Protected Status (TPS) program, the Violence Against Women Act (VAWA) provisions, or the U visa for victims of certain crimes. A deportation defense lawyer can assess whether their client qualifies for any of these programs and guide them through the application process.