Can You Stop Deportation?

Wisconsin Criminal Law Blog

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By Carlos Gamino

If you’re worried about a deportation hearing, you’re not alone. As many as 450,000 immigrants are waiting for removal hearings right now—and since 2008, more than 2 million people have been deported.

It sounds scary, doesn’t it? 

Fortunately, there may be a way to prevent your removal from the country. Your Milwaukee immigration attorney might be able to petition the court or file certain paperwork on your behalf that halts the process and allows you to remain right where you are.

How to Stop Deportation 

Every case is different, so it’s important that you understand that what applies to one person may not apply to you. However, there are a number of possible ways to stop deportation, and your Milwaukee immigration attorney will evaluate the best possible method in your case.

Asylum 

Some people are able to stop removal hearings by applying for political asylum. If you’ve been persecuted, or if you fear persecution because of your race, religion, nationality, or social or political membership, you could be eligible to apply for asylum. However, your lawyer will need to file the appropriate form within one year of your arrival in the U.S.

Adjustment of Status 

In some cases, you can ask your Milwaukee immigration lawyer to petition for an adjustment of status. There are a few sections of the Immigration and Nationality Act that allow undocumented immigrants to change their statuses, including Sections 245, 245i and 249.


Withholding of Removal or Protection Under the Convention Against Torture 

Withholding of removal is a little like asylum, but it requires you to prove that you’re “more likely than not” to suffer under persecution if you return to your country of origin. Like withholding of removal, you will need to prove that you’re “more likely than not” to be tortured if you return to your country of origin. 

Cancellation of Removal 

This applies to people who aren’t lawful permanent residents of the U.S., and it’s a way to get a green card. However, you must prove that you’ve been physically present in the U.S. for the past 10 years, and you must show that if you were removed from the country, a qualifying relative (such as a spouse, a parent or a child who’s a citizen or permanent residence) would suffer “exceptional and extremely unusual hardship.”

Other Ways to Stop Removal 

Some people are eligible for deferred action, which is only given on a case-by-case basis, and others are eligible for NACARA special rule cancellation (for which you must be from a certain country). Cancellation under the Violence Against Women Act and voluntary departure are two other ways to stop deportation, but they may not apply to you.

Do You Need a Milwaukee Immigration Lawyer?

If you need to talk to a Milwaukee immigration attorney who can help you strategize to stop deportation, call us at 414-383-6700 or get in touch with us online. We’ll evaluate your case and determine whether you may be able to halt the proceedings against you.

Carlos Gamino

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