Deportation Defense Strategies in Florida

Criminal Waivers

One option for your immigration removal defense is to take advantage of criminal waivers. It's not uncommon for the ICE to use a criminal record to remove a person from the country. 

However, there are some cases where a criminal waiver can be obtained. The criminal waiver avenues include:

• 212(c)
• 212(h)
• EOIR-42A
• EOIR-42B

Waiver 212(c) is for permanent residents with criminal convictions before 1997. Congress did repeal this waiver.

However, the US Supreme Court ruled that repeal couldn't apply if the conviction was before 1997 and involved a person with permanent resident status. 

The EOIR-42B is for persons who have a criminal mark on their record yet have proven themselves to have good moral character over the last ten years. 

Noncriminal Waivers

Even without a criminal background, you could face deportation because of something referred to as the noncriminal grounds of inadmissibility. 

This means that while you don't have a criminal background, ICE believes there's another reason you should get deported. This might include something like having a communicable disease or being unable to support yourself financially.

There are some noncriminal waiver options to fight this kind of deportation order. These might include:

•  I-601A provisional waiver
• I-601 waiver
• I-602 provisional waiver.

Form I-751 Renewal

You may already be familiar with Form I-751, which is used to apply for a green card. If you already have a green card and are facing deportation, some defense strategies have included the renewal of Form I-751.

Eligibility for this strategy, including the renewal, means you were granted your provisional green card because of a marriage to a permanent resident or US citizen. 

You must show you're still married, have remained married, and are still living with that person. 

Permanent Residency or Status Adjustment

One option that you might be able to pursue to avoid deportation is to apply for permanent residency status. There are criteria to become a permanent resident, and you must meet at least these to be considered. 

These include:

• Being eligible for an immigrant visa
• Employer sponsorship
• A close family member who's a US citizen or lawful permanent resident sponsors you

As part of the application for permanent residency, you have to show that you don't have any criminal convictions or any other reason that might make you ineligible. 

U Visas

While this option may not fit many, a U visa is available for persons who have suffered from domestic violence or human trafficking.

You must show that you reported the crime to the correct law enforcement agency. You also have to be cooperative with any forthcoming investigation. If there's a prosecution, you must also cooperate with that process. 

Immigration officials will want proof that you suffered from physical or mental abuse. They will also want to see a police report and related court documents.

Deferred Action for Childhood Arrivals (DACA)

If you came to the US as a child and now face deportation, you may be eligible for a DACA defense. 

DACA would be a possibility if:

• You came to the US before your 16th birthday 
• You're under 31 years old as of June 15, 2012

If you meet these criteria, then you must also show that you're:

• Currently in school, or
• Have graduated from high school, or
• Have been honorably discharged from the military,

You can't have any felony or misdemeanor convictions on your record. If granted a DACA, you remain in the US for two years, with the option of an additional two following that. 

Violence Against Women Act (VAWA)

If you're the victim of domestic violence, you could use VAWA as a defense strategy from deportation.

VAWA is effective even if your case is already in the stages of removal. You must show you are or were married to a US citizen or a lawful permanent resident. You'll have to show that this spouse made you the victim of abuse. 

Successful VAWA cases can get a person a green card for ten years, and after that, you can apply for a permanent green card.

10-Year Rule

Longevity and following the law are in your favor for the 10-Year Rule. If you have been in the US for at least ten years, you may be eligible to avoid deportation because of the 10-Year Rule. 

You must prove that you've lived in the US for ten years and have no criminal convictions.

If your deportation is canceled through the 10-Year Rule, you could be eligible to apply for a green card. 

NACARA and Temporary Protected Status

One important question your immigration attorney will ask is where you came from before entering the US. Where would the US deport you back to if they forced you out of the country?

If that country is unstable and sending you back there puts you at risk, you could use the NACARA and ask for temporary protected status to stay in the US. 

Safe haven countries for refugees can use this deportation defense for those who came from there. 

If granted, you can stay for a period of time and then apply for a green card. 

Motion to Terminate or Suppress

If you believe immigration officials are using false information to proceed with your deportation, your attorney could ask for a motion to terminate or suppress. 

This is a good defense for people who have had their rights violated or have false accusations placed against them. Of course, your attorney will need evidence to prove that the accusations against you are false. 

Prosecutorial Discretion

An interesting aspect of the US court process gives prosecutors much discretion over when they pursue a case and when they don't. 

Your attorney could ask the prosecutor not to pursue the deportation case against you. If you've been in the US and following the laws, being a good person, your attorney could ask the prosecutor for discretion and to drop the case. 

A prosecutor might opt for prosecutorial discretion and drop the case when certain factors are present, including:

• Family ties in the US
• Clean criminal history
• Strong employment history
• Ties to your home country

An immigration lawyer could help you present a case to the prosecutor to be considered for prosecutorial discretion.

Protection Under the Convention Against Torture or Asylum

If you face a credible fear of persecution in your home country, you could seek asylum or protection under the Convention Against Torture. 

The US may offer asylum if you can show you face potential persecution when sent back to your home country. 

You might get asylum because of:

• Race
• Nationality
• Religion
• Membership in a social group
• Political affiliation

If your attorney can show you have a credible fear of persecution, you may be allowed to stay in the US to protect your safety.