Deportation defense encompasses legal strategies to prevent the removal of a non-citizen from the United States. The formal term is "removal proceedings," initiated when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) before an immigration judge.
14 steps across 4 sections
1. Cancellation of Removal (Non-LPR)
- 10+ years of continuous physical presence in the U.S.
- Good moral character during that period.
- Removal would result in exceptional and extremely unusual hardship to a U.S. citizen or LPR spouse, parent, or child.
2. Cancellation of Removal (LPR)
- Lawful permanent resident for at least 5 years.
- Continuous residence in the U.S. for at least 7 years after lawful admission.
- No aggravated felony conviction.
3. Asylum (Defensive)
- Fear of persecution based on protected grounds (race, religion, nationality, political opinion, particular social group).
- Filed within 1 year of arrival or qualifies for an exception.
4. Other Relief Options
- Adjustment of Status Eligible family-based or employment-based applicants.
- VAWA Victims of domestic violence by U.S. citizen or LPR abusers.
- U Visa Victims of qualifying crimes who assist law enforcement.
- T Visa Victims of human trafficking.
- Voluntary Departure Option to leave voluntarily to avoid a formal removal order.
- Prosecutorial Discretion Request that DHS exercise discretion not to pursue removal.
Common Mistakes
- Not appearing at hearings
- Not retaining an attorney
- Providing false information
- Missing filing deadlines
- Not understanding the charges
Pro Tips
- Hire an immigration attorney immediately
- Free legal resources
- Know your rights
- Document everything
- Attend every hearing