There are many reasons that people physically present in the United States may face deportation. Some people fail to renew their visas or make other technical mistakes that leave them at risk of removal from the United States.
Those who have received a summons to appear or who have been taken into custody pending removal proceedings have the option to fight an upcoming deportation. There are many potential defense strategies available when facing deportation. Requesting asylum while physically present in the United States can be an option for those who fear persecution in their countries of origin.
Is there risk if an immigrant returns home?
Asylum is a form of legal protection for those who are at risk of persecution based on their political beliefs, race, religion or similar protected characteristics. In cases where immigrants at risk of deportation have reason to fear persecution after their removal from the United States, that persecution could play a key role in their deportation defense strategy.
Asylum may allow those who may not otherwise qualify to stay in the country to remain in the United States until the political issues in their country of origin stabilize. They may be eligible for work authorization while they live as asylees.
Asylum proceedings require proof of the ongoing persecution occurring abroad and of an immigrant status as a member of a potentially persecuted group. The submission of necessary paperwork and a compelling case in court can make all the difference for those hoping to become asylees and avoid removal from the United States. A deportation defense lawyer can help foreign nationals evaluate their position to determine if they could request asylum successfully.