In the search for a better life, people are ready to take some drastic steps. After all, we all want to get the most of our limited time on Earth. The most common reasons for emigrating to some other country are poverty and war. Although a war on a territory you’re coming from will give you a status of refugee, the economic migrations have been part of the human experience for centuries but they also come with stricter rules and regulations.
Wanting more for yourself and your family is completely understandable, but starting a life someplace else requires setting your papers in order. Or to be more precise – you need permits to work and live in a country that’s not your place of birth. These are issued by the government officials if you pass the vetting process.
Out of despair, people often decide to forgo this crucial step and decide to try their luck as illegal immigrants. And by doing so, they risk getting caught and deported to their country of origin. However, getting recognized as an “undocumented” citizen of a country will get you to court but not necessarily out of the country. There are still several possible legal remedies that could stop you from being deported.
The most commonly used legal solutions against deportation are:
Not Removable as Charged
On one of your first hearings in immigration court, you will be asked if you admit or deny any charges of removability as stated on the Notice to Appear (NTA). Denying them is usually the best option as it leaves the US government, on the Department of Homeland Security to be more precise, with the task to prove any wrongdoing on your part.
Being an undocumented citizen usually means you actually fall under the category of removable but there is still a chance you were charged for the wrong reasons. Also, the evidence is necessary and DHA might be able to present them to the court.
Relief From Removal
If you’re found guilty, you can apply for relief. This pretty much means changing your status and staying in the country. There are several types of reliefs and before you give up, make sure if you qualify for any of them. Experienced legal defenders at Abogadoray.com, who also handles wrongful death cases, suggest that you need to hire a professional to help you in this predicament.. Having a lawyer who will look at your case in more depth and tell you what sort of status you could apply to stay would be of great benefit.
Let’s check out on what grounds you can request to be removed from the deportation list and be allowed to stay legally in one country.
Asylum
People who have experienced or have a “well-founded fear” of persecution in the country of their birth have the right to seek asylum. This sort of relief is granted if they face oppression or even death for holding certain political views, belonging to a certain race, nationality or religion, or are a member of particular social groups (LGBT+).
By obtaining this status, you will also be given the right to work in that country and to eventually become a permanent citizen. If you have a family with you, they will be given the same treatment.
Withholding of Removal
The two key differences between this status and asylum are that this one doesn’t carry a 1-year limitation for requesting and it must be granted if the qualifications are met. However, even though it’s given to those facing much higher levels of discrimination than asylum seekers, by getting this grant you will not become a legal resident, you cannot travel internationally, and this decision will not include your family.
CAT Protection
Under the United Nations Convention Against Torture and Other Cruel, Inhumane, or degrading Treatment or Punishment or simply CAT, you can’t be deported if it’s “more likely than not” that you will be facing torture by the government or some influential and dangerous groups upon your return. Still, you could be also transferred to a third country, the one willing to accept you. You will not be able to gain the status of the permanent resident but will have permission to work.
These are some of the ways that can get you off the deportation list, depending on your case and your situation back home. By entering a certain country illegally and trying to build a life without the necessary papers, the risk of arrest is real. And, if something like that occurs, the best thing would be to hire professional help that will guide you through the process and show you your best options.
