When an immigrant in the U.S. receives a deportation order, they can explore various options to avoid or delay removal, depending on their case. Here are the key options:
- Appeal: Immigrants can appeal the deportation order to the Board of Immigration Appeals (BIA) or, if necessary, to a federal court. Appeals must be filed within 30 days, and the case may be remanded or denied.
- Stay of Deportation: A temporary suspension of deportation can be requested from ICE, the BIA, or a federal court, often based on factors like family ties or risk of harm if deported.
- Deferred Action: Programs like DACA can delay deportation for specific individuals, especially those who entered as children. Deferred action doesn't provide legal status but can defer removal.
- Asylum: Immigrants fearing persecution in their home country may apply for asylum. Asylum applications must generally be filed within one year of arrival.
- Relief from Deportation: Options like Cancellation of Removal (if in the U.S. for 10+ years) or Adjustment of Status (to become a lawful permanent resident) can prevent deportation in some cases.
- Temporary Protected Status (TPS): Immigrants from designated countries may apply for TPS, which grants temporary legal status and protection from deportation.
- Voluntary Departure: Immigrants may request to leave the U.S. voluntarily, avoiding formal deportation and its future immigration consequences.
- Humanitarian Relief: Victims of certain crimes or trafficking may apply for U or T visas, offering protection from deportation.
- Immigration Attorney: Consulting with an attorney is essential to assess options, file appeals, and navigate the legal complexities of deportation.
These options vary based on individual circumstances, such as length of stay, criminal record, and ties to the U.S. Immediate action is important, as many options have strict deadlines.
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