How to Avoid Deportation with a Felony: A Comprehensive Guide
The threat of deportation looms large for thousands of immigrants in the United States who have been accused or convicted of a felony. While it is daunting to face the prospect of being forced to leave the only country they have ever called home, there are avenues available to avoid deportation in such situations. In this article, we will discuss the options available to prevent deportation with a felony and how to navigate the complex US immigration system.
Consequences of a Felony Conviction
Before discussing how to avoid deportation with a felony, it’s essential to understand the severity of the consequences that may arise from a felony conviction. A felony conviction can lead to:
• Severe fines and penalties
• imprisonment
• lifelong stigma and social ostracism
• and a strong likelihood of deportation if the individual is an immigration non-citizen
Felonies are categorized under US law as serious criminal offenses that can carry longer sentences than misdemeanors, such as theft, battery, and drug trafficking, among others.
Challenges Faced by Individuals with a Felony Record
Individuals with a felony record face numerous hurdles when attempting to navigate the US immigration system. Common challenges include:
• Higher standards of proof: Prosecutors may require stronger evidence to prove that an immigration non-citizen committed the crime.
• Lengthened removal proceedings: The federal government may take a long time to process an immigrant’s case, making them subject to prolonged uncertainty about their status.
• Criminal deportation: Even if a person has completed their prison sentence, they may be eligible for deportation under strict US immigration laws.
How to Avoid Deportation with a Felony
Given the significant implications of a felony conviction and the challenges faced by affected individuals, it’s critical to explore options to prevent deportation. Here are some crucial steps to take:
New Immigration Policy Changes: Since 2013, US immigration authorities have made significant changes to streamline deportation processes and prioritize public safety. A skilled immigration lawyer can help you navigate the nuances of these policy modifications and how they impact your specific situation.
• **Apply for DACA (Deferred Action for Childhood Arrivals)**: In 2012, US President Barack Obama introduced a policy known as Deferred Action for Childhood Arrivals. This program allows eligible DACA applicants, who entered the US before the age of 16 and meet various eligibility requirements, to:
• Work authorizations for a specified time
• Travel internationally if the work authorization is deemed satisfactory
• Remain present in the US for their legal proceedings
• Other immigration benefits
• **Seek legal help**: Retain a experienced immigration attorney who is well-versed in handling criminal immigration cases. Your legal representative can help you negotiate the complexities of the law and ensure that you exercise all available options to protect your immigration status.
• File Form I-601, (Application for Waiver of Grounds of Inadmissibility): This crucial application may be the crucial key to avoiding deportation by providing grounds for immigration forgiveness. If you’ve resided in the US and are an immigration non-citizen, you can qualify for this waiver under select circumstances. Your immigration lawyer will help you prepare documentation to demonstrate that:
• You don’t pose a public charge or other threat to social security and welfare.
• There’s an extreme hardship related to the deportation on others who rely on you (e.g. immediate family members).
- • **Maintain good behavior**: Prior to deportation, your Immigration and Customs Enforcement (ICE) agent may assess you on a case-by-case basis, considering factors that affect the likelihood of further criminal behavior. Demonstrate that you’ve rehabilitated and taken steps to lawfully contribute to society; this could include completing sentence enhancements, participating in anti-gang programs, volunteering in community service projects and enrolling in vocational/trade programs.
Pose No Risk to National Security or Public Safety: It’s crucial, while being under supervision under immigration detention, that evidence or witness testimony be called forth that you will do something more than likely make public harm or violate non-terrorist crimes law and commit a deport-able crime.
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