These Are the Types of Legal Protection in Case of Deportation (Part I)

For helping those migrants who are in the process of deportation, Abogado has prepared a summary of the most common types of legal protection to foreigners.

This might change, in case Congress creates new laws.

But, if you want and need legal help, mandatory is to contact an immigration lawyer to get you formally through the process.

Discretionary protection

When a migrant faces a deportation process, if the person is eligible, he/she can request one or more types of discretionary protection.

This section describes some types of discretionary relief that are available during a hearing.

The foreigner has the obligation to prove that he is legally eligible to receive protection.

Generally, to this type of protection, he/she deserves such protection in a discretionary manner.

Voluntary departure

It’s the most common alternative to deportation.

Both the Immigration Judges and the Department of Homeland Security are qualified to approve it. 

Voluntary departure avoids the stigma of forced transfer.

It allows the foreigner to leave the United States on his own and to return to his country of origin or to another country.

It is important to note that foreigners with voluntary departure must leave the country within the period specified by the Immigration Judge.

The law gives a period of 120 days to leave the country to foreigners with voluntary departure before the conclusion of their deportation trial.

This occurs although the Immigration Judge has the discretion to set a shorter deadline.

Those who have conferred such a remedy at the conclusion of the deportation trial must leave in 60 days.

As with other forms of discretionary protection, certain people are not eligible for voluntary departure.

Plus, they won’t be eligible for 10 years for other types of legal protection.

Cancellation of deportation

This type of protection is available for legal permanent residents and for those who are not permanent residents but have the requirements.

These requirements are:

The person has been a permanent resident for the last five years.

He/She has lived continuously in the United States for at least 7 years after being legally admitted.

You have not committed a felony or “aggravated felony”.

The cancellation of deportation for non-residents is granted if the foreigner:

The person has been present in the United States for the past 10 years.

The individual has been a person of good moral character during that period.

The person has not committed a crime that could give grounds for deportation.

It shows the deportation case would cause extreme and unusual suffering to their immediate relatives.

This, for those who are citizens or permanent legal residents.

The case of victims of domestic violence is applied to different standards. 

Asylum

This type of protection is under the Immigration and Nationality Decree.

The General Attorney can assume if the migrant qualifies as a refugee.

Generally, this requires the asylum seeker to prove his inability to return to his country.

Whether, because he or she suffered persecution in the past.

Also, because the person has a well-justified fear of future persecution related to the race, religion, nationality, membership in a particular social group or for political opinion.

However, a foreigner may not be eligible to obtain asylum under certain circumstances.

For example, not having sent the asylum application within the first year of their arrival into the United States.

Also, having been charged with a felony, or being a threat for nationality security.

To know more about this subject, follow the part II, available tomorrow morning.