One of the most stressful moments in a person’s life is being placed in immigration proceedings. It is a high-stakes game, as losing or winning can mean the difference between staying in the United States and being deported. A person’s ability to return home can be affected if they are deported or removed. These are the top ten ways to resolve your immigration court case.
1. If possible, get a bond. Seek out bond options if you or your loved one are being held. It is very difficult for anyone to defend their immigration court case in detention. Access to legal representation, evidence and documentation, as well as witnesses, is the most difficult thing. Bonds are not available to everyone because of immigration violations or criminal convictions.
2. Check to see if your case qualifies for prosecutorial discretion. Prosecutorial discretion allows the government to decide if your case is worthy of further investigation. A memo updated on April 4, 2022 shows that the government is generous with offering to dismiss or close administrative proceedings. This is a crucial remedy that you should seek proactively. Your attorney must have asked the government for its prosecutorial discretion.
3. Before you make any major decisions, evaluate the available defense. Do your research before you spend a lot of money on legal representation. You need to be aware of what you are getting in advance, even if an attorney is able to delay or buy you more time.
4. Cancellation for LPR. Check to see if your status is eligible for Cancellation for Removal.
5. Cancellation of Removal for non LPR. It is important to remember that the hardest type of hardship to prove is undue hardship.
6. U visa. Let’s say you were a victim in a violent crime. It is possible to apply for a U Visa and have your case dismissed or closed administratively. Although U visas can take a lot of time, it might be worth the effort.
7. Adjustment of status. You may file a petition to show your eligibility for a green card and get your permanent residency.
8. Asylum, Withholding Removal or Convention against Torture. You may want to file for asylum if you are afraid of being persecuted in the country you live in due to your race, religion, or membership of a social class.
9. Voluntary Departure Voluntary Departure is an effective remedy. It can be requested at the beginning or after you have been granted permission. You can leave the United States in a specified time and at your own expense. This is a great remedy if your intention to leave. It can be used to replace a removal order if you fail to leave.
10. Prosecutorial discretion. This remedy is essential and very valuable. Please consider taking it up. If your case is dismissed, your ability to renew work authorization will be revoked if you have work authorization that you were granted under a pending request. This will result in you losing your status, protection or work authorization. However, it can be beneficial if you have the best chance of avoiding deportation.
Summarized from an article by U.S. Immigration Law Group, LLP.
