Stage 1: I-130 Petition

In the United States unlawfully, then you may have already been served with the Notice to Appear (NTA). The NTA starts every removal or deportation case. Removal is for individuals that typically entered unlawfully or overstayed and did not legalize their status. Deportation is for Legal Permanent Residents that are now placed in deportation proceedings because their LPR or Green Card status is being revoked. Typically, a Legal Permanent Resident is placed in removal proceedings when they commit a crime. The seriousness of that crime will often dictate if you will have potential defenses or not. If the crime, qualifies under the aggravated felony statute INA 101 (a) 43 the deportation may become indefensible. However, do not lose home as the Supreme Court of the United States has ruled that the definitions under INA 101 (a) (43) have to be taken case by case and not simply by looking at the charges and conviction(s).

Defenses May Apply in Your Case

In deportation cases, waivers under INA 212 (c) and INA 212 (h) may work to waive the criminal offense committed and protect your Legal Permanent Resident (LPR) status. Other defenses available in deportation cases, include the 42A Cancelation of Removal application. General requirements include at least 7 years of continuous presence, 5 years of LPR status, and not be convicted of an aggravated felony.

In removal cases, 42 B Cancelation of Removal generally requires 10 years of continuous presence, good moral character and extreme & unusual hardship to U.S. qualifying relative (typically a severe medical condition). Other defenses include I-589 Withholding of Removal and I-589 Asylum applications if timely filed. Other defenses would include any immigration relief that qualifies the alien for immigration relief, such as a qualifying family petition.

Please consult with a lawyer you to help formulate your defenses.