Facing removal proceedings can be one of the most overwhelming experiences for an immigrant and their family. The process is initiated when U.S. Immigration and Customs Enforcement (ICE) enforces a final order of removal from an immigration court. If you or a loved one is facing removal in Dallas, there is much at stake, including your safety, your family, and your future. However, there are ways to fight the deportation and be allowed to stay in the U.S. It is critical to understand your legal options and to seek help from an experienced immigration attorney as soon as possible to plan a removal defense.
Continue reading to learn more about top 5 strategies in removal defense in Dallas, including asylum, withholding of removal, cancellation of removal, adjustment of stats, and CAT.
Asylum
Asylum remains one of the strongest protections against removal. A person may apply for asylum if they fear returning to their home country due to persecution or a well-founded fear of future persecution. To qualify, the persecution must be based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. A person must apply for asylum within one year of entering the United States, although there are some limited exceptions for exceptional circumstances. While asylum provides powerful protection, eligibility is limited and if you were previously denied asylum or if the government believes you can safely relocate to another country, you may not qualify. Those who are not eligible to apply for asylum may be able to apply for withholding of removal. Contact an experienced immigration attorney right away if you are facing removal proceedings and questions related to your eligibility for protections.
Withholding of Removal
Withholding of removal is another defense option to file when faced with deportation. Not everyone is eligible for asylum, but and those who don’t qualify may be eligible for a withholding of removal claim. While it does not provide the same long-term benefits as asylum, it temporarily prevents the U.S. government from deporting you to a country where your life or freedom would be threatened. To succeed, you must demonstrate a clear likelihood of persecution on similar grounds to asylum claims. Unlike asylum, withholding of removal cannot lead to permanent residency, but it can provide critical protection from immediate deportation.
Cancellation of Removal
Cancellation of removal is another defense that allows certain immigrants to avoid deportation and, in some cases, obtain lawful permanent residence. The requirements differ depending on whether you are a lawful permanent resident (LPR) or a non-permanent resident. LPRs may qualify if they have lived in the U.S. continuously for seven years, held permanent residency for at least five years, and have not been convicted of a felony. Non-permanent residents face tougher standards, however, as they must demonstrate ten years of continuous presence, good moral character, and that removal would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.
Adjustment of Status
In some cases, individuals in removal proceedings may be eligible to adjust their status to lawful permanent residency. This often applies to those with a qualifying family relationship, such as marriage to a U.S. citizen. Filing for an adjustment of status can serve as both a defense against removal and a long-term solution, giving individuals the opportunity to remain in the United States legally with a green card.
The Protection Under the Convention Against Torture (CAT)
The Convention Against Torture (CAT) is another form of relief that prohibits the U.S. from removing someone to a country where they would face torture. Unlike other forms of relief, CAT protection is available even to individuals with criminal records. To qualify, applicants must prove that torture would occur by either the government or government officials in their home country. While CAT does not provide a path to permanent residency, it ensures safety by stopping removal to a dangerous place.
Contact Aspire Immigration for Removal Defense in Dallas, Texas
Removal proceedings are complex, stressful, and serious. However, defenses such as asylum, withholding of removal, cancellation of removal, adjustment of status and CAT protection provide important defenses to fight deportation. The outcome of these cases often depends on quick action and skilled legal representation. If you or a loved one are facing removal, do not wait! Aspire Immigration, based in Dallas, can work immediately to build a strong defense, and protect your future in the United States. Contact us today to schedule a consultation.
