What Strategies Exist for Defending Against Deportation in CT?

Posted on 10/16/23

Defending Against Deportation in CT

Hundreds of thousands of immigrants face deportation in the United States every year. Some came to the country seeking refuge or a better life, while others have never known anything different. According to everything but paperwork, this country is their home.

Deportation can result from immigration services accusing immigrants of:

  • Marriage fraud
  • Criminal offenses
  • Entering the country without authorization

If you or a loved one are facing deportation, a Connecticut immigration attorney can help you understand your options. You have the right to an attorney, a hearing, and an interpreter throughout this process.

Six Defenses Against Deportation 

There is still time to defend you against deportation. Several options are available to you, but your specific circumstances will determine the next steps for your case. 

1. Naturalization

In some immigration cases, you can apply for naturalization to avoid deportation. To be eligible for naturalization, you must show exceptional moral character for at least five years. You’ll need to prove you had a green card for those five years, or three years if you’re married to a U.S. citizen.

You’ll need the help of a Connecticut immigration attorney to prove your moral character and convince U.S. Citizenship & Immigration Services (USCIS) that you’re eligible for naturalization.

2. Cancellation of Removal

If you are facing deportation because of a criminal offense that is not an aggravated felony, you can argue for canceling removal. This only applies if you have been a lawful resident for at least five years. 

The criminal offense must have occurred before April 24, 1996. You can use the 212(c) waiver if you were convicted before then. When applying for the 212(c) waiver or cancellation of removal, you must prove you have a good life here in the U.S. despite your conviction.

3. Political Asylum

If you fear returning to your home country because of prosecution, torture, or harm, you might be able to defend against deportation with political asylum. Your legal representation can help you provide evidence that if you returned to your country, you would face prosecution based on a group you belong to (race, gender, religion, sexuality, occupation, etc.). 

4. Status Adjustment

If you are married to a U.S. citizen, have a child who is a U.S. citizen, or have a parent who is a U.S. citizen, you can apply for a status adjustment. This would mean gaining your green card and becoming a permanent resident. To do this, the U.S. citizen you’re related to must file Form I-130 to petition your status adjustment. Immigration law firms can help you through this process.

5. Refugee Waiver 

If you are a refugee who never applied for your green card and are now facing deportation for a criminal offense, you can use a refugee waiver to defend against it. In this waiver, you must prove that it is unsafe to return to your country using testimonies and human rights reports. 

6. Voluntary Departure

In some immigration matters, there isn’t sufficient time to help you remain in the U.S. However, deciding to take a voluntary departure rather than being deported will make it much easier to return to the U.S. in the future. 

Facing Deportation? Contact Skilled Immigration Attorneys 

There is no time to waste. If you or someone you care about are facing deportation, contact a Connecticut immigration attorney at The Law Offices of James A. Welcome today for compassionate legal assistance. 

Our team has decades of experience and a passion for our work. Contact us at 475-241-0824 to schedule your free consultation today.