Deportation Defense

Deportation, also referred to as removal proceedings, is the formal, legal procedure by which the U.S. government, through its Department of Homeland Security (DHS), removes a foreign national from the U.S. and returns the individual to his/her home country. The severe consequences of deportation can be long-lasting and can affect the foreign national’s future eligibility to come to the United States, even temporarily, for several years. Because deportation is such a serious event, it is performed after the foreign national has had that opportunity to defend against deportation in front of a judge in immigration court. Therefore, if you or a loved one has been put into deportation proceedings, it is of the utmost importance that you speak to the knowledgeable Wisconsin deportation defense attorneys at Attorney Spiros Stavros Nicolet. We will explore the details of your situation and help you build your deportation defense.

In general, foreign nationals who are in removal proceedings fall into one of two groups. Some are in the U.S. without authorization because their authorization expired or they entered the country without authorization in the first place. Others have committed a crime serious enough to result in deportation. Examples of crimes that may result in deportation include drug distribution or possession, falsely claiming to be a U.S. citizen, and crimes of violence such as assault or domestic abuse, theft, and murder.

There are multiple defenses to deportation that are available to foreign nationals who are in removal proceedings. Each defense has very specific requirements that must be met, and not all defenses can be used by every foreign national. Here are a few examples, but you should consult an experienced immigration lawyer to understand all of the options available to you.

Adjustment of Status under INA 245(i): This defense allows foreign nationals to apply for a green card and avoid deportation if they are the beneficiaries of an immigrant petition that was filed on their behalf before April 30, 2001.

Adjustment of Status under INA 249: This defense also allows foreign nationals to apply for a green card and avoid deportation, but only if they last entered the country before January 1, 1972, and can prove that they have been continuously residing in the country and that they possess good moral character.

Prosecutorial Discretion: In limited circumstances, the DHS will voluntarily close the deportation proceedings against a foreign national as the result of an informal procedure called prosecutorial discretion. The decision to exercise this discretion is wholly up to the DHS, and there are no requirements or conditions that must be met. In practice, the DHS exercises prosecutorial discretion in a limited number of cases and usually only if the foreign national does not have a criminal background.

Cancellation of Removal: This defense is only available to foreign nationals who can prove that they have physically resided in the U.S. for at least 10 years and that their deportation would cause exceptional hardship to a U.S. citizen or green card holder relative.

Private Bills: If all else fails, or if the foreign national does not have any other deportation defense available, he or she can always try to obtain a private bill of relief by asking the U.S. Congress to specifically stop the deportation proceedings. Private bills are rarely granted and are usually granted only because there are very special circumstances in the national’s case.

No matter your situation, deportation is a highly complex, technical area of law. Thus, it is essential to consult a Wisconsin deportation defense lawyer at Attorney Spiros Stavros Nicolet if you or a loved one is in removal proceedings. Talk to one of our skilled attorneys about your case in order to find the best deportation defense for your circumstances. Call (773) 562-6884 or fill out our online form to schedule a free initial consultation.