When an immigrant in the United States is issued a deportation order, it means that the government has decided to remove the individual from the country due to a violation of immigration laws. However, there are several potential options available for the immigrant to avoid deportation or delay the process, depending on the circumstances of their case. These options vary based on factors such as the individual’s immigration status, length of stay in the U.S., personal history, and the specifics of the deportation order.
Various potential options for an immigrant who has been issued a deportation order are discussed below:
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Appeal against the Deportation Order
Appeal to the Board of Immigration Appeals (BIA):
An immigrant who has been issued a deportation order can appeal against the decision to the Board of Immigration Appeals (BIA), which is the highest administrative body for interpreting and applying immigration laws. The immigrant must file an appeal within 30 days of the immigration court’s final decision.
- Grounds for Appeal: Valid Grounds of appeals immigrant can be as immigration judge having made a legal error, misapplied the law, or that the decision was not supported by the facts. This can include issues like improper denial of relief options, wrongful application of immigration law, or failure to consider crucial evidence.
- Outcome: If the BIA agrees with the appeal, the case may be remanded back to the immigration court for further proceedings. If the BIA denies the appeal, the individual may still have other legal avenues to explore.
- How to Appeal
- Form: Form EOIR-26
- Submission: The form must be filed with the BIA within 30 days of the immigration judge’s final decision.
- Required Documents:
- Completed Form EOIR-26
- A copy of the immigration judge’s decision
- Supporting documents and evidence for the appeal
- Fee: There is a filing fee (currently $110, but it can change). Fee waivers may be requested for eligible applicants.
- Instructions: Instructions for completing Form EOIR-26 can be found on the form itself or on the EOIR website.
Federal Court Appeal:
If the BIA upholds the deportation order, the immigrant has the option to appeal to the U.S. Court of Appeals for the jurisdiction in which they reside. This is a higher-level appeal process. The Federal Court of Appeals will review the case to determine if there were errors in law or procedure, but it will not re-examine the facts of the case.
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- Outcome: The federal court could either uphold the deportation order, remand the case for further proceedings, or in some instances, overturn the deportation order.
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Request for a Stay of Deportation
- Stay of Removal: An immigrant facing deportation may be able to request a stay of removal, which is a temporary suspension of the deportation order. This can provide the individual with additional time to pursue other legal options, such as applying for relief or appealing their case.
- How to Request: A stay of removal can be requested from U.S. Immigration and Customs Enforcement (ICE) or through the BIA, depending on the stage of the case. In some cases, a federal court may also grant a stay while the individual’s legal appeals are pending.
- Considerations: A stay is not always granted, but factors such as the individual’s ties to the U.S., risk of harm if deported, or ongoing legal proceedings may be taken into account.
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Seek Deferred Action
- Deferred Action for Childhood Arrivals (DACA): If the immigrant is a young person who entered the U.S. as a child and meets certain criteria, they may be eligible for DACA, which temporarily defers deportation and provides work authorization. While the DACA program has faced legal challenges, it remains a potential avenue for those who qualify.
- Eligibility Requirements: The applicant must have arrived in the U.S. before turning 16, be under 31 years old, have continuously resided in the U.S., and be enrolled in school or have completed education.
- Other Deferred Action Programs: Even if an immigrant does not qualify for DACA, they may be eligible for other forms of deferred action. Deferred action is a discretionary decision by the government to delay removal from the U.S. for a set period. It does not provide legal status but can delay deportation.
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File for Asylum
- Asylum Application: If the individual fears persecution in their home country due to race, religion, nationality, membership in a particular social group, or political opinion, they may apply for asylum in the U.S. Asylum seekers can be eligible for protection and potentially avoid deportation if their application is granted.
- Timing: Asylum applications must generally be filed within one year of arrival in the U.S. However, exceptions exist, such as for changed circumstances in the individual’s home country or if the applicant faced an impediment in filing.
- Process: The application can be submitted with U.S. Citizenship and Immigration Services (USCIS) if the person is not in removal proceedings, or during removal proceedings if they are facing deportation.
How to Apply for Asylum
- Form: Form I-589 (Application for Asylum and for Withholding of Removal)
- Submission:
- If not in removal proceedings, file directly with USCIS.
- If in removal proceedings, file with the immigration court.
- Required Documents:
- Completed Form I-589
- Personal statement explaining the fear of persecution
- Supporting evidence (e.g., news articles, affidavits, country reports)
- Fee: There is no filing fee for Form I-589.
- Instructions: The form’s instructions guide applicants through the process of providing the necessary information and supporting documentation.
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Apply for Other Forms of Relief from Deportation
- Cancellation of Removal: If the immigrant has been in the U.S. for at least 10 years, has good moral character, and their removal would result in extreme hardship to their U.S. citizen or lawful permanent resident spouse, parent, or child, they may apply for cancellation of removal. This is a form of relief that can stop deportation if granted.
- Eligibility: The applicant must demonstrate that they have lived in the U.S. for at least 10 years and show that deportation would cause significant hardship to qualifying relatives. This is a discretionary form of relief, meaning that even if the requirements are met, the judge has the discretion to grant or deny the application.
- Form: There is no specific form for cancellation of removal; it is a request made in immigration court.
- Submission: The application is filed directly with the immigration court during removal proceedings.
- Required Documents:
- Evidence of continuous residence in the U.S. for at least 10 years
- Proof of family hardship (e.g., evidence of U.S. citizen or lawful permanent resident spouse, children)
- Affidavits or testimonies regarding good moral character
- Fee: No filing fee for this application; however, there are costs for legal representation.
- Instructions: Legal counsel may assist with preparing the petition for cancellation of removal, as it requires presenting evidence before an immigration judge.
6 Adjustment of Status:
- In some cases, an immigrant may be able to adjust their status from that of an undocumented immigrant to a lawful permanent resident (green card holder) through family, employment, or other forms of sponsorship. If they are eligible for adjustment of status, they may avoid deportation and stay in the U.S.
- Form: Form I-485 (Application to Register Permanent Residence or Adjust Status)
- Submission: Filed with USCIS, though individuals in removal proceedings may file it with the immigration court.
- Required Documents:
- Completed Form I-485
- Evidence of eligibility (e.g., family relationship, employment offer, asylum approval)
- Medical examination (Form I-693)
- Proof of lawful entry to the U.S. (if applicable)
- Fee: The filing fee for Form I-485 is currently $1,225, but it can vary based on age and other factors.
- Instructions: Detailed instructions are available on the USCIS website and with the form itself.
7. Temporary Protected Status (TPS):
If the immigrant is from a country that has been designated by the U.S. government for Temporary Protected Status (TPS) due to conditions such as armed conflict, environmental disaster, or other extraordinary conditions, they may apply for TPS. This grants temporary legal status and protection from deportation for a specific period.
- Form: Form I-821 (Application for Temporary Protected Status)
- Submission: Filed with USCIS.
- Required Documents:
- Completed Form I-821
- Proof of nationality and continuous residence in the U.S. since the designation
- Passport-style photos
- Fee: The filing fee is typically $50, but this can change depending on the applicant’s situation.
- Instructions: Full instructions are available on the USCIS website.
8. Voluntary Departure
- Voluntary Departure: In some cases, an individual facing deportation may request voluntary departure, which allows them to leave the U.S. voluntarily, usually within a specified time frame, without being formally removed. This option may have fewer long-term consequences on future immigration applications than being formally deported.
- Eligibility: Voluntary departure is typically available to individuals who are not subject to mandatory detention and who meet certain criteria. A judge may grant voluntary departure in lieu of deportation if the immigrant demonstrates good moral character and leaves the U.S. within the designated period.
- Form: No specific form; the request is made orally or in writing during a hearing before an immigration judge.
- Submission: The request is made directly to the immigration judge.
- Required Documents:
- Letter to the immigration judge requesting voluntary departure
- Evidence of financial ability to depart and return home (e.g., flight tickets)
- Fee: No filing fee.
- Instructions: A hearing or motion before the immigration judge must be scheduled to request voluntary departure.
9 Consider Humanitarian Relief
- U Visa (Victims of Crime): If the immigrant has been a victim of a qualifying crime (such as domestic violence, human trafficking, or assault) and has cooperated with law enforcement in the investigation or prosecution of the crime, they may apply for a U visa, which provides protection from deportation.
- T Visa (Victims of Trafficking): Immigrants who are victims of human trafficking and can assist in the investigation or prosecution of trafficking cases may be eligible for a T visa, which allows them to stay in the U.S. temporarily and eventually apply for a green card.
- Form for U Visa: Form I-918 (Petition for U Nonimmigrant Status)
- Form for T Visa: Form I-914 (Application for T Nonimmigrant Status)
- Submission: Filed with USCIS.
- Required Documents:
- Completed Form I-918 (for U Visa) or Form I-914 (for T Visa)
- Supporting evidence (e.g., police reports, court documents, affidavits)
- Form I-918B (for U Visa), completed by law enforcement, certifying the applicant’s cooperation
- Fee: There is no fee for T or U visa applications for qualifying individuals.
- Instructions: Detailed instructions are available on the USCIS website.
10. Contact an Immigration Attorney
Seeking advice from an experienced immigration attorney is essential when facing deportation. Legal professionals can help assess the individual’s options, help with the appeals process, and advise on the best course of action. An attorney can also assist with filing the necessary paperwork and advocating for the immigrant’s case in court.
Finally,!!
An immigrant in the U.S. facing a deportation order has several potential options to challenge the order or delay removal, depending on their situation. These options include appealing the decision, requesting a stay of removal, seeking asylum, applying for forms of relief like cancellation of removal or adjustment of status, and pursuing humanitarian-based visas.
Please note that many of these options have strict deadlines, so it’s essential to act quickly. The best course of action will depend on your specific circumstances, including your immigration history, criminal record, and ties to the US.