Facing a deportation order can be overwhelming and frightening—but it doesn’t mean all hope is lost. At Nimer Law, we specialize in deportation defense and are committed to helping individuals understand their rights and legal options when facing removal from the United States. If you or a loved one has received a deportation order, there are several legal strategies that may help you remain in the country.
1. File an Appeal with the Board of Immigration Appeals (BIA)
If an Immigration Judge has issued a removal order against you, you have the right to appeal that decision to the Board of Immigration Appeals (BIA). The appeal must generally be filed within 30 days of the judge’s decision.
- What it does: The BIA will review the decision for legal errors and may overturn or remand it.
- Why it matters: Filing an appeal automatically pauses deportation while your case is under review.
- How we help: Our team at Nimer Law prepares persuasive legal briefs and arguments to give your case the strongest chance on appeal.
2. Motion to Reopen or Reconsider
If new evidence has come to light or there was an error in the original proceedings, you may be able to file a Motion to Reopen or Motion to Reconsider with the immigration court.
- Motion to Reopen: Based on new facts or changed circumstances (e.g., asylum eligibility due to political changes).
- Motion to Reconsider: Argues the court made a legal or factual error in your case.
- Time limits: These motions are typically due within 30-90 days of the original decision, so it’s critical to act fast.
3. Apply for Cancellation of Removal
If you meet certain criteria, you may be eligible for cancellation of removal, a form of relief that allows you to stay in the U.S. and apply for lawful permanent residence.
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For Lawful Permanent Residents (LPRs):
- Must have held a green card for at least 5 years
- Have lived in the U.S. continuously for 7 years
- No aggravated felony convictions
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For Non-Permanent Residents:
- 10 years of continuous presence in the U.S.
- Good moral character
- Exceptional hardship to a U.S. citizen or lawful permanent resident family member
4. Seek Asylum or Withholding of Removal
If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum or withholding of removal.
- Asylum must be applied for within one year of arrival unless exceptions apply.
- Withholding of removal has a higher standard but may be an option even if asylum is time-barred.
5. Request a Waiver of Inadmissibility or Removal
If your deportation is based on grounds such as unlawful presence, misrepresentation, or certain criminal offenses, you might be eligible for a waiver that forgives the grounds for removal.
- Types of waivers include I-601 (for unlawful presence), I-212 (for re-entry after removal), and I-601A (provisional waiver).
- Demonstrating hardship to a U.S. citizen or LPR spouse or parent is often key to approval.
6. Prosecutorial Discretion or Deferred Action
In certain cases, the Department of Homeland Security (DHS) may choose to exercise prosecutorial discretion —meaning they can choose not to pursue deportation.
- Who qualifies: Individuals with deep community ties, no serious criminal history, or compelling humanitarian factors.
- Deferred Action: A temporary status that may protect you from deportation, even if not a permanent solution.
Trust Nimer Law with Your Deportation Defense
Navigating deportation defense requires experience, strategy, and compassion. At Nimer Law, we’ve helped countless individuals challenge deportation orders and remain with their families in the U.S. Every case is unique, and the right legal approach depends on your personal circumstances.