Deportation can be a daunting and stressful experience, especially for those who have built a life in the United States with their family. When facing the possibility of eviction from the United States, it is crucial to prove your connections to your family members, particularly if they are U.S. citizens or legal residents.
The role of family ties in deportation defense is often a central argument in many cases. It can demonstrate strong ties to the community and the potential hardship that deportation would cause. These ties can sometimes make the difference between being deported and being allowed to remain in the country. However, the process is not simple, and it requires a well-prepared legal strategy.
How family ties can influence deportation defense
When presenting family ties as a defense in deportation cases, several legal avenues can be explored. They include but not limited to:
- Cancellation of removal for non-permanent residents under U.S. immigration law: This defense is available to immigrants who have been in the country for a long time and have immediate family members, such as a spouse or children, who are U.S. citizens or lawful permanent residents (LPRs). To qualify, the immigrant must prove that their removal would result in “exceptional and extremely unusual hardship” to these family members.
- Family-based petitions: For example, a U.S. citizen spouse or child may petition for the immigrant’s legal status, which could stop the deportation process. Also, having a family member with serious health issues, disabilities or other vulnerabilities may strengthen the case for avoiding deportation.
Additionally, family relationships are relevant when applying for certain types of humanitarian relief, such as asylum, withholding of removal or Deferred Action for Childhood Arrivals (DACA).
In the cases mentioned above, family ties can support the argument that the individual deserves protection from removal due to their connection to the U.S. and the potential harm their deportation would cause to loved ones.