Can Deportation Be Stopped For Someone In A Detention Center?
A loved one who is in a detention center for not having the proper authorization to be in the country could face deportation. Once removed, it can be more challenging for your loved one to gain legal entry back into the country. If you have a loved one who is facing deportation, here is what you need to know.
Why Is It More Challenging to Legally Return?
When a deportation order is issued for a non-resident, a ban is usually instituted that prevents the person from legally re-entering the country for a period of time. Even if the federal government declines to place a ban on your loved one, he or she could still struggle to get the authorization needed to return.
Some pathways to legal status have a residency requirement. For instance, if your loved one entered the country legally with a green card but overstayed it, he or she must establish that he or she resided in the country a certain period of time to qualify for reinstatement of the green card. If he or she volunteers to leave the country or does not take action to prevent deportation, he or she loses the time needed to qualify for the reinstatement.
What Can Your Loved One Do?
Your loved one has to take action quickly to stop the removal. There are several ways to accomplish this, including filing an asylum application. When filed, the deportation order is temporarily suspended until the application is reviewed and your loved one has his or her day in court.
To qualify for asylum, your loved one has to prove that he or she is facing persecution by returning home. The federal government needs to be able to confirm that your loved one's life or freedom is at risk in his or her home country.
Another way your loved one can suspend or cancel the removal order is to submit the Application for Cancellation of Removal and Adjustment of Status. There are certain requirements that must be met to have the application approved.
For instance, your loved one has to show that he or she has not been deemed inadmissible by the government and that being removed would result in an unusual hardship to an immediate family member. For instance, not being able to provide financial support to family remaining in the United States could possibly be considered a hardship.
To explore all of the legal options available to your loved one, work with an experienced immigration attorney.
