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Deportation Removal from the USA Strategies

Posted by Leah T. Wills | Mar 08, 2023 | 0 Comments

Removal - In the US many deportation cases are called removal cases. There are numerous rules and defenses that may be an option in a particular situation. Strategy and a careful analysis of  the legal strengths and weaknesses is how our law firm approaches each case.

Technical Defenses - An immigration case could be challenged due to technical errors on the part of the immigration authorities, including failure to serve the paperwork in the proper way or failing specifying to the required extent why they are seekig to deport you. 

Prosecutorial Discretion - Another way to stop deportation removal from the USA is to ask the immigration authorities to exercise discretion to reconsider and allow you to stay in America. Submitting such an application together with such supporting evidence as good character, community ties, the length of tme since the illegal entry, and your conduct since being in America. Also any US born children and family ties in America and compared to the foreign country may also be taken into consideration. If successful the immigration authorities may withdraw your deportation case.

Judge Discretion - If the immigration judge decides that you have raised a good defense and that you should not be deported, the judge also has a discretion at the hearig to grant you a green card legal permanent resident status. It is important to ask the judge for this at the right time in the hearing. 

Criminal history or bad character - Whether within America or in the foreign country some past crimes and bad character may negatively effect your case. However, there are various rules linked to the type of crimes and bad character that may help to give you a good defense.

Asylum cases - If the US or certain human rights organizations have recognized the foreign country you came from as engaging in such acts as torture, human rights violations, genocide or similar you may be able to claim asylum to stay in America. 

Later married to US citizen - Getting married whilst you are in deportation removal proceedings may not be a strong defense to allow you to stay in America. Getting married after overstaying in America then applying for a marriage based green card legal permanent residency BEFORE being served with deportation proceedings could be a stronger defense.

VAWA as a Deportation Removal Defense - Being the victim of under the Violence Against Womens Act (VAWA) that can also help male victims, BEFORE OR AFTER being issued with deportation removal proceedings can be a good defense to help you stay in America.  So, if your US citizen or Green Card holder husband or wife is being controlling-including using immigration threats to scare you, bullying, psychologically or physically abusive to you, you may have a valid VAWA claim. 

Expert Evidence - Can be crucial in assisting your case, including expert reports from highly qualified and experienced medial or psychological professionals that support your evidence on why it would be best for you to stay in America. 

Appealing deportation removal from outside the USA - Our lead attorney Leah T. Wills is of Caribbean and UK heritage and represents people who feel they were wrongly deported from America and want to appeal the decision. Sometimes the appeals can be based on important evidence not being considered at the hearing or other crucial factors. 

By The Law Office of Leah T. Wills Pllc. 

All information in this blog is for general information purposes only and should not be taken as legal advice or direction for any individual situation. The information on this blog does not create an attorney-client relationship.


About the Author

Leah T. Wills

The Law Office of Leah T. Wills Pllc is owned by the CEO Leah Wills. Attorney Wills was admitted to the New York Bar in 2004 to practice law and admitted as a Solicitor Lawyer Of England & Wales in 2003. She has a transatlantic wealth of experience that combines English style with New York zeal. ...


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The Law Office of Leah T. Wills PLLC
11 Broadway, Suite 615,
New York, NY 10004
1 888-524-9776
The Law Office of Leah T. Wills PLLC
11 Broadway, Suite 615,
New York, NY 10004
1 888-524-9776