Question 1

What is deportation defense?

Accepted Answer

Deportation defense, also known as removal defense, involves legal strategies and procedures used to prevent the removal of a non-citizen from the United States.

Question 2

What are the consequences of a final deportation order?

Accepted Answer

A final deportation order means that the individual is required to leave the U.S. If they fail to comply, they may face serious legal consequences including bars on future entry.

Question 3

Is it necessary to hire an attorney for deportation defense?

Accepted Answer

While it is not required to have an attorney, it is highly recommended to seek the assistance of an experienced immigration attorney for deportation defense proceedings.

Question 4

Can I seek prosecutorial discretion to avoid deportation?

Accepted Answer

Yes, immigration authorities have the discretion to exercise prosecutorial discretion, which may lead to a favorable outcome in your deportation case.

Question 5

What is a U Visa, and how can it help with deportation defense?

Accepted Answer

A U Visa is available to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation of the crime.

Question 6

What is Cancellation of Removal, and who is eligible for it?

Accepted Answer

Cancellation of Removal is a defense available to certain non-U.S. citizens facing deportation. Eligibility depends on factors such as continuous physical presence and good moral character.

Question 7

Can I appeal a deportation order?

Accepted Answer

Yes, in most cases, individuals facing deportation have the right to appeal the deportation order to the Board of Immigration Appeals (BIA).

Question 8

What options do I have if I fear persecution in my home country?

Accepted Answer

If you fear persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum or withholding of removal.

Question 9

What is family-based immigration?

Accepted Answer

Family-based immigration allows U.S. citizens and lawful permanent residents to sponsor certain family members for immigration to the United States.

Question 10

Can family-based immigrants work in the U.S.?

Accepted Answer

Family-based immigrants can work in the U.S. once they obtain their green cards (permanent resident status).

Question 11

Can a same-sex spouse be sponsored for family-based immigration?

Accepted Answer

Yes, same-sex spouses of U.S. citizens and lawful permanent residents are eligible for family-based immigration sponsorship.

Question 12

Is there an age limit for children who can be included in family-based immigration petitions?

Accepted Answer

For immediate relatives of U.S. citizens, there is no annual cap on visas.

Bronx NY Office