U.S. immigration law is complex, and long-term residents without a Green Card face significant challenges. However, with the right legal strategies, relief may be possible. This blog outlines key legal pathways and relevant laws to help those at risk of deportation. To read Executive Order 14160 of January 20, 2025 click here
Deportation Overview
Deportation, or removal, is the process of expelling non-residents who lack valid permits. Violations such as illegal entry, visa overstays, or criminal activity can trigger deportation. U.S. deportation policies are dynamic, often influenced by political shifts. Currently, authorities prioritize individuals involved in criminal activities, but long-term residents with U.S. citizen family members may find relief.
Key Legal Provisions
- Cancellation of Removal (INA Section 240A):
Available to non-permanent residents who have lived in the U.S. for 10+ years, demonstrate good moral character, and can prove that deportation would cause “exceptional and extremely unusual” hardship to a U.S. citizen or lawful permanent resident family member.- Matter of I-N-A clarified that hardship must go beyond typical family separation.
- Adjustment of Status (INA Section 245):
Allows individuals to apply for lawful permanent residency if eligible through family or employment-based petitions. Unlawful entrants may need a waiver of inadmissibility.- Matter of A-G-G- confirmed eligibility for those in removal proceedings.
- Waiver of Inadmissibility (I-601/I-601A):
Under INA Section 212(h), individuals inadmissible due to unlawful presence can apply for a waiver by proving extreme hardship to a U.S. citizen or lawful permanent resident spouse or parent.- Matter of Perez expanded the definition of extreme hardship to include medical, emotional, and age-related factors.
- Asylum (INA Section 208):
Available to those fearing persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.- Matter of Acosta broadened the interpretation of “particular social group.”
- Deferred Action for Childhood Arrivals (DACA):
Provides temporary protection from deportation and work authorization for eligible individuals brought to the U.S. as children.- Regents v. USC upheld DACA, ensuring its continuation.
Legal Pathways for Long-Term Residents
- Cancellation of Removal: Ideal for those with 10+ years of residency and qualifying family ties.
- Adjustment of Status: Suitable for individuals with U.S. citizen spouses or children, though waivers may be required for unlawful entrants.
- Waiver of Inadmissibility: Essential for overcoming unlawful entry barriers.
- Asylum: A lifeline for those fearing persecution in their home country.
- DACA: Temporary relief for eligible individuals brought to the U.S. as children.
The Role of Legal Expertise
Immigration law is intricate and ever-evolving. Navigating deportation and relief options requires experienced legal guidance to ensure the best possible outcome.
Advice from NRI Legal Services India
If you or a loved one is facing deportation, act swiftly. Consult an experienced immigration attorney to assess your eligibility for relief options such as cancellation of removal, adjustment of status, waivers, asylum, or DACA. Understanding your rights and the legal framework is critical to building a strong defense. Do not delay—seek professional help today.