Deportation Defense
IMMIGRATION ATTORNEY LAURA LEON
When to Call a Deportation Lawyer
For individuals facing deportation in the United States, the process of being removed from the country can be a daunting and stressful experience for them and their loved ones. However, with the help of a reliable immigration lawyer, there are ways to fight deportation and improve your chances of remaining in the country.
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Deportation Defense Strategies Your Deportation Lawyer May Use
For those who are facing removal proceedings in the United States, here are some of the possible strategies your deportation lawyer may use to help you avoid deportation:
Your Deportation Lawyer Can Adjust Your Status
Your deportation lawyer can help you apply for adjustment of status. Adjustment of status allows you to change your visa status from nonimmigrant to lawful permanent resident. You must be sponsored by a family member, most likely a U.S. citizen. Usually, you must have entered the U.S. legally to qualify for adjustment of status, but some exceptions to the legal-entry requirement are available.

Your Deportation Lawyer Can Apply for Cancellation of Removal
This relief is available for individuals who have been in the United States for a minimum of ten years and can demonstrate that their absence would cause significant harm to their immediate family members who are U.S. citizens or legal permanent residents – a spouse, parent, or child who is a U.S. citizen or permanent resident.
Your Deportation Lawyer Can Apply for Withholding of Removal
To be eligible to request this relief, your immigration attorney must show that it is “more likely than not” that you would be persecuted in your home country if you were forced to return. This is very similar to asylum but withholding of removal provides fewer benefits. Recipients are usually ineligible to apply for permanent residence or travel outside of the United States. This could be your only option if you have certain bars to asylum.
Your Deportation Lawyer Can File for Defensive Asylum
If you have a genuine and credible fear that returning to your nation of origin will result in facing injury or persecution, you may be able to apply for defensive asylum. In order to be eligible for asylum, you must fear persecution due to your racial or ethnic background, religious beliefs, nationality, membership in a particular social group or caste, or political opinions. Your deportation lawyer can help you request defensive asylum in front of an immigration judge or with the Board of Immigration Appeals (BIA).
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A Deportation Lawyer Can Help You Apply for U Nonimmigrant Status
This is a special nonimmigrant status set aside for victims of certain crimes who have suffered from a substantial amount of physical or psychological abuse and help law enforcement or government officials in the pursuit of investigating and prosecuting the aforementioned criminal activity. The list of eligible crimes is long and varied, being mostly violent crimes and any attempts, solicitation, or conspiracy to commit said crimes.
Your deportation attorney will be able to help you fill out all of the required forms to acquire a U visa. Additionally, the families of those with U visas can petition for derivative U visas, which your deportation attorney can file at either the same time as your own application or at another time in the future. Once the investigation concludes, you could be eligible to apply for a green card.

Your Deportation Lawyer Can Use The Convention Against Torture
The Convention Against Torture is a rarely used tool in the deportation attorney’s kit, but it’s always vitally important when used. The Convention Against Torture is an international treaty that provides powerful protections to refugees fleeing from torture. Essentially, it prevents noncitizens from being returned to their country of origin if they are likely to face torture should they be deported to their country of origin. This is a critically important form of deportation relief available to noncitizens who wouldn’t qualify for either asylum or U visas, but who would still be in danger in the event that they are deported.
If you believe that The Convention Against Torture applies to your situation, informing your deportation lawyer is the best move to guarantee your safety.
Your Deportation Lawyer Can Advocate for Prosecutorial Discretion
Prosecutions Discretion is when the government decides to refrain from executing your deportation or engaging in any efforts to obtain an order of removal. If you receive prosecutorial discretion, your immigration attorney may be able to help you apply for work authorization but will not be eligible for many other benefits. Usually, people whose cases are closed based on prosecutorial discretion do not have a criminal record, but there are no set-in-stone rules about who can receive this benefit.
Your Deportation Lawyer can Advise You on Voluntary Departure
This option is available if your deportation attorney informs you that there are no legal deportation defense options available except voluntarily agreeing to leave on your own. Voluntary departure allows you to leave the country without having a removal on your record. An experienced deportation lawyer will explain that this is a last resort, but sometimes it’s the only option if you ever wish to immigrate to the United States.
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Laura Leon Law, PLLC has successfully represented hundreds of clients facing deportation and removal proceedings.
Our team has a deep understanding of immigration laws, procedures, and regulations and will work tirelessly to develop a defense strategy that suits your case’s specific circumstances. If you or a loved one is facing deportation, contact us today for a consultation.
