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3 common defenses to deportation

On Behalf of | Sep 17, 2022 | Deportation Defense |

Deportation from the United States happens when the government orders you to leave the country. You may have to wait up to 20 years before trying to return to the United States, depending on the reason for deportation.

If you or your loved ones fear a deportation notice, you can try several defenses to fight your deportation and remain lawfully in the country.

Renewal of form I-751

Form I-751 is the petition to remove the conditions on your permanent resident status. If you obtained your status through marriage, this form can help you remove those conditions. You need to file this petition on time and if you do not, the government’s attorney can start your removal proceedings. Make sure to apply during the 90 days before your second year as a conditional resident (the expiration date on your green card). Renewing this form is a defense to deportation.


If you are in the United States because you left harmful conditions in your home country or because you fear future harm if you return, you may apply for asylum. You must show that the harm you experienced or will face comes from discrimination against your nationality, religion, race or political opinion. A grant of asylum can stop deportation proceedings and lead to a work permit and a green card.

Noncriminal waivers

To get benefits such as U visas or permanent residency based on employment, you might have to file noncriminal waivers in Immigration Court. If you committed a non-criminal act such as lying to get immigration benefits or smuggling your spouse into the country, you can file this waiver to try to waive these violations.

Overall, deportation defense involves many avenues of advocating for those facing removal from the United States.


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