Deportation defense accounts for much of the immigration law we practice.
There are many ways that an immigrant can obtain legal status in the United States. However, there are also many ways an immigrant can violate their status. To ensure your continued legal status, consult with an immigration attorney before trying to change your status, leave the United States, or participate in any activity that is outside the scope of your visa.
People at risk of deportation are:
- those who enter the United States without inspection
- immigrants who violate their status after entering the United States
- immigrants who commit a crime
Immigration laws change regularly, making each case unique based on the situation and state of the laws at the time of the incident.
As an advocate in the defense of immigrants facing removal, Rhoda Wilkson Domingo has five published cases. Each of these cases have created new law and established precedent.
Asylum
Asylum is refuge given by the United States to a person who have a well-founded fear of persecution in their home country. Citizens of other countries who believe they will be persecuted in their homeland may apply for asylum in the U.S. USCIS and the Immigration Courts have become more and more restrictive in approving these asylum applications over the last decade.
To apply for asylum in the U.S. individuals must obtain and complete the required application, form I-589, and submit it with the appropriate attachments.
U.S. immigration law requires that asylum-seekers apply for asylum within one year of arrival in the United States unless they can demonstrate extraordinary circumstances for the delay or changed circumstances that significantly affect their eligibility for asylum. Individuals who file late must explain the reason for the delay in filing and may be denied the opportunity to apply for asylum.
District Court Restores Nationwide Scope of Order Enjoining Implementation of Asylum Ban 2.0 Which means that people applying for asylum do not need to prove they applied for asylum in every country that they passed through before applying for asylum in the U.S.
Cancellation of Removal
Typical situations in which a person could qualify for Cancellation of Removal include:
- Lived in the United States for at least 10 years prior to receiving a Notice to Appear or a deportation order.
- A person of Good Moral Character as defined in section 101(f) of the U.S. Immigration and Nationality Act.
- Removal would result in Exceptional and Extremely Unusual Hardship to your young child who is a U.S. citizen by birth or your lawful spouse & or your U.S. citizen by birth or your lawful parents.
Removal and deportation proceedings are serious legal matters that require experienced representation to defend.
Deportation and removal proceedings are heard in an immigration court. As soon as you learn that you may be removed or deported, you should immediately speak with an immigration defense attorney.
DACA
Certain individuals brought to the U.S. as children, attended school in the U.S., and have not been outside of the U.S. for extended periods can apply for DACA or Deferred Action Childhood Arrivals. Once approved, or in some circumstances even while the application is pending, removal proceedings can be administratively closed. Note: Before filing any DACA, applicants should consult with an immigration lawyer.
DACA does not lead to permanent residency, a green card, or U.S. citizenship. DACA status is subject to renewal every two years and makes recipients eligible for a work permit. With a work permit, an immigrant can apply for a social security number as well as a state ID or driver’s license.
There is a political controversy over this program. Hence it may be terminated.
U Visas
U visas are available to undocumented immigrants who have been the victim of a crime, reported it to the police, and have been helpful to the police.
