Stopping Deportation By Christopher Stender
Aliens in the United States who are up for possible deportation have several options that may cease or delay the deportation process. In many cases, they are not aware of their options and find themselves needlessly deported at the American taxpayers’ expense.
Cancellation of a deportation order is the most desirable outcome of challenging a deportation ruling. There are three main requirements to qualify for a cancellation: the individual must have been admitted to the country legally for a term of at least five years, have lived in the United States for seven consecutive years, and not have been convicted of any aggravated felonies.
Another optimal outcome is Cancellation of Removal for non-permanent residents. In this case, the individual must have lived in the United States for ten years, have no felony or aggressive/drug related misdemeanor convictions, and have a legally-residing family who would experience undue hardship as a result of his or her absence.
Other options include voluntary departure, which allows for future return; requesting a waiver for conditions that may impede cancellation or adjustment of status; or requesting asylum, withholding of removal, or relief under the Convention Against Torture.
About the Author: Christopher Stender is an immigration attorney in San Diego, California with experience in all types of deportation cases, defenses, and appeals.