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Deportation Defenses for Undocumented Immigrants

Deportation Defenses for Undocumented Immigrants

The Immigration and Nationality Act (INA) provides several avenues of relief for individuals who are facing removal from the United States. These deportation defenses allow undocumented immigrants to remain in the country, even if they have been charged with certain immigration offenses. Our Orange County immigration attorneys explain possible deportation defense options for immigrants.

Adjustment of Status

Adjustment of status is a form of relief that allows certain immigrants to apply for lawful permanent residence in the United States. To be eligible, individuals must generally have entered the country legally and meet certain requirements.

Cancellation of Removal

Cancellation of removal is another form of relief that may be available to undocumented immigrants who are facing deportation. To be eligible, individuals must generally have been residing in the United States for a certain period of time.

Asylum

Asylum may be granted to individuals who have been persecuted or have a well-founded fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Withholding of Removal

Withholding of removal is similar to asylum but has a higher burden of proof. It may be granted to individuals who can show that they would more likely than not be persecuted on one of the five protected grounds if removed to their home country.

Deferred Action

A deferred action is a discretionary form of relief that allows certain undocumented immigrants to remain in the United States for a period of time. To be eligible, individuals must generally meet certain requirements, such as being enrolled in school or having been brought to the United States as children.

Family-Based Adjustment of Status

This is another way for immigrants facing deportation to change their legal status in the United States. If you have a family member who is a U.S. citizen or a Lawful Permanent Resident, you can have them sponsor you to remain in the United States. However, you would need to legally qualify for adjustment of status.

Facing deportation? Get in touch with our Orange County immigration attorneys today at (949) 478-4963 to schedule a consultation!

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