Facing deportation from the United States is frightening, but you may have several legal defenses to help you remain in the United States. Depending on the facts involved in your case, potential defenses like Cancellation of Removal, asylum, U Visas, and Adjustment of Status may provide protection from removal. Please continue reading and reach out to a seasoned Montgomery County deportation defense lawyer from Cohen & Patel to learn more about some of the best potential defenses against deportation and how our legal team can help. We proudly represent clients throughout Pennsylvania, including in East Norriton, Norristown, and throughout the United States.

What Are Some of the Best Potential Defenses Against Deportation?

The first step in fighting deportation is identifying the right legal avenue. “Cancellation of Removal” is a powerful tool for permanent residents and non-permanent residents alike.

For permanent residents, this requires proving continuous residence for at least seven years in the U.S. and no aggravated felony convictions. Non-permanent residents must show extraordinary circumstances, such as being in the U.S. for ten years, having good moral character, and proving that deportation would cause exceptional hardship to U.S. citizens or lawful permanent resident relatives.

How Does Cancellation of Removal Work?

Cancellation of Removal is one of the most common defenses utilized in deportation-related court proceedings. However, eligibility requirements will differ based on whether or not you are a lawful permanent resident or non-permanent resident.

For lawful permanent residents, Cancellation of Removal may require:

  • At least seven years of continuous United States residence
  • Five years as a lawful permanent resident
  • No aggravated felony convictions

For non-permanent residents, applicants must demonstrate:

  • At least ten years of continuous residence in the United States
  • Upstanding moral character
  • Exceptional and unusual extreme hardship to eligible relatives

Evidence Commonly Used in Cancellation of Removal Cases

  • School enrollment records
  • Community involvement records
  • Medical records
  • Proof of familial relations
  • Proof of hardship impacting qualifying U.S. citizen relatives
  • Character reference letters

How Can Asylum Claims Help?

Asylum is another robust defense that can help protect against deportation in Montgomery County and throughout Pennsylvania. An individual may be eligible if they can show a well-founded fear that they would be subject to persecution if they were to return to their home country.

To qualify, one must demonstrate a well-founded fear of persecution in one’s home country based on:

  • Race
  • Religion
  • Nationality
  • Membership in a particular social group
  • Political opinion

This process can be intricate and demanding, as it requires thorough documentation and compelling personal testimony.

In many deportation defense cases, immigration judges consider whether applicants meet strict federal eligibility standards in accordance with the Immigration and Nationality Act (INA).

Common Evidence Used in Asylum Cases

  • Country condition reports
  • Police reports
  • Medical records
  • Witness testimony
  • News articles exploring past and ongoing persecution
  • Photographs
  • Personal declarations explaining fear

Situations That Can Support an Asylum Claim

  • Political persecution
    • Arrests tied to political activism
    • Government retaliation
    • Targeting by the opposition
  • Religious persecution
    • Restrictions on religious practices
    • Violence tied to religious beliefs
    • Punishment for religious expression
  • Membership in a particular social group
    • Domestic abuse survivors
    • LGBTQ+ individuals
    • Victims of gang violence
  • Ethnic or nationality-based persecution
    • Intentional displacement
    • Ethnic targeting
    • Government discrimination

What Other Forms of Immigration Relief May Help Those Facing Deportation in Pennsylvania?

Several additional forms of immigration relief may be available to eligible immigrants in Montgomery County who are facing deportation, though ultimately, this depends on the circumstances of the case. Cases in Montgomery County generally proceed through the Philadelphia Immigration Court.

“Adjustment of Status,” for instance, involves changing from a non-immigrant to a lawful permanent resident, usually through family or employment sponsorship.

The “U Visa” offers protection to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials.

The “T Visa” serves victims of human trafficking, providing a pathway to lawful status for those who assist in the investigation or prosecution of human trafficking.

What Is Adjustment of Status?

  • Allows eligible immigrants to apply for lawful permanent resident status
  • Applications are generally based on marriage, family sponsorship, and employment
  • May help immigrants remain in the U.S. during the application process
  • Strict admissibility requirements in accordance with U.S. law must be met

What Is a U Visa?

  • Designed for victims of qualifying criminal acts
  • Requires full cooperation with law enforcement
  • Can provide work authorization
  • Can create a path towards a green card

What Is a T Visa?

  • Protects victims of human trafficking
  • Encourages cooperation with law enforcement during investigations
  • Can help provide protection and work authorization

Contact a Montgomery County Immigration Attorney Today

Navigating the complexities of immigration law, especially when facing deportation, is a daunting task. However, with the right immigration lawyer in your corner, you can have peace of mind, knowing your case is in good hands. That is why working with the team at Cohen & Patel is in your best interest. If you have any further questions or are currently facing the prospect of deportation from the United States, please don’t hesitate to contact our firm today.