How to Avoid Deportation: 10 Opportunities for an Illegal to Stay Legally in the US

If you are “undocumented,” meaning you do not have U.S. immigration status, and you are in the process of being “deported,” you have several remedies that may allow you to avoid removal (deportation), reports Nolo.

Below are the most common protections. Keep in mind, however, that the assistance of a lawyer will be your best bet for a successful request for assistance.

Challenging deportation

First, you can show that the US government was fundamentally wrong to initiate deportation proceedings because you are not really deportable. In one of your first immigration court hearings, Judge immigration affairs (IJ) will ask you to admit or deny the factual allegations and agree (admit) or dispute (deny) any deportation allegations in the Notice of Appearance (NTA).

It is usually a good idea to deny the allegations and contest any deportation allegations. As long as you do not admit to the charges of possible removal, it is still the Department of Homeland Security (DHS)'s burden or duty to provide enough evidence to show that you are indeed eligible for removal.

If you are undocumented, you will likely be deported. However, it is possible that DHS has accused you of being deported for the wrong reasons. It is also possible that DHS will not be able to provide documentation showing that you are eligible for removal. If DHS is unable to prove that you can be deported, you may ask IJ to close the case.

Even if DHS fulfills its obligations and/or IJ determines that you may be deported as charged, you may still apply for exemption from deportation as described below.

Never lie to an immigration judge trying to prove that you cannot be deported. If you lie, you will most likely lose any rights you may have had when applying for exemption from removal, such as asylum. And even if you can still apply for exemption from removal, because of your past lies, it is unlikely that the court will believe everything you say. Therefore, IJ may reject your application on this basis.

While being honest is important, you can also have information that could hurt your case. If so, talk to a lawyer about whether you should share negative information with the court.

Request exemption from deportation

As a rule, IJ is obliged to inform everyone who is in the process deportationwhat types of exemption from deportation the person is entitled to. However, a private lawyer can spend more time with you and give you a fuller explanation of what types of assistance may actually be available.

If you do not have a lawyer, it is recommended that you directly ask the judge, leaving a note on the protocol, what assistance you are entitled to apply for. This will let the judge know that you know that he or she has a duty to inform you of all available legal remedies. And, more importantly, encourage the judge to carefully consider your case.

Of course, IJ cannot accurately assess which exemption you may qualify for unless you provide information about various aspects of your life. For example, about your relatives in the United States who have legal status, and how long you have been living here. Be prepared to give the judge all the information they need to figure out what type of help you are eligible for.

On the subject: What to do if your green card interview went wrong

Types of deportation exemptions available to undocumented immigrants who are in immigration court:

1. 1. Adjustment of status in connection with the family. This is a way to change non-immigrant status to immigrant status in order to obtain legal status in the US through a family member, most likely a US citizen. Usually (among other requirements) you must legally enter the US to be eligible for the adjustment. But there are some exceptions to the legal entry requirement.
   2. Shelter. This is a form of protection for people who have fled persecution or fear future persecution in their own country. Granting asylum gives you legal status in the US, a work permit and, ultimately, green card.
   3. Suspension of deportation. While similar in many ways to asylum, getting a suspension is more difficult because you have to show that it is “more likely than not” that you will be persecuted in your home country upon return. It also provides fewer benefits than asylum because recipients are generally not eligible to apply for permanent residence or travel outside the United States. However, this may be your only option if certain asylum bans apply to you. A person who receives a suspension may remain in the US and obtain a work permit.
   4. Protection under the Convention against Torture (CAT). Protection under CAT is only available if it is "likely" the government of the applicant's country of origin (or some individual or group over which the government has no control) will torture the individual. It doesn't matter why you will be tortured; the fact that you are likely to be tortured will suffice (unlike in an asylum case, where you must prove that the persecution is related to you on one of five grounds). CPT is also similar to suspension in that individuals receiving CPT protection can never obtain US permanent residence or travel the world. But PPC recipients are usually given permission to stay and work in the US.
   5. Cancellation of eviction for persons who are not lawful permanent residents. This remedy is a way to get a green card if you can prove ten years of physical residence in the US. You also have the right to show that your removal would cause "exceptional and highly unusual hardship" for your "eligible relative" (spouse, parent, or child who is a US citizen or permanent resident).
   6. Repeal under the Violence Against Women Act (VAWA). Similar to non-permanent resident removal waivers, a VAWA waiver applicant must show that he or she has been subjected to "beating or extreme cruelty" by a "qualified relative" and meets other requirements, including three years of physical presence in the United States and good moral character.

   7. Voluntary departure. If all else fails, this is a way to leave the US without staining your immigration papers with a previous removal order (which can make returning to the US even more difficult). Discuss with the immigration attorney whether voluntary departure would benefit you based on your immigration history and how you entered the United States.

   8. delayed action. This is an agreement by the US government to put your case on hold (not legalize you or deport you). It is applied on a case-by-case basis, and since Trump's election it has become much more difficult to obtain. You will need to speak with the state attorney in charge of your case to negotiate this relief.
   9. The discretion of the accusatory power. It is the decision of the government agency that is trying to deport you to stop trying to deport you. If you have obtained the discretion of the prosecution authority, you may apply for a work permit. In this case, you will not be eligible for other benefits, such as the right to travel. As a rule, persons whose cases have been closed at the request of the prosecutor do not receive a criminal record. But there is no clear rule on how to obtain such a petition from the prosecutor, so it is difficult to determine the category of immigrants who can count on it. Like delayed action, the discretion of the accusatory authority is more difficult than ever. And it needs to be discussed with the state attorney in charge of your case.
   10. private bills. Laws passed by the US Congress can help an immigrant get exemption from deportation. This happens very rarely and only when there are very favorable facts. Private bills are usually only an option if other forms of assistance are not available.

There may be other remedies in your particular case. Therefore, it makes sense to hire a licensed competent and experienced lawyer if you are in the process of deportation and want to avoid it.