Receiving a Notice to Appear in immigration court can leave you worried about your future, your family, and everything you have built in the U.S. But you should know that simply being placed in removal proceedings does not mean you will be removed from the country.
Depending on your immigration history, family relationships, and circumstances, you may have legal options to challenge the government’s case or ask to remain in the U.S. The key is understanding which options apply to you and acting before important deadlines pass.
Here are seven possible ways to fight deportation, along with what you should know before deciding your next step.
What are your options if you are facing deportation in the U.S.?
Deportation, legally called removal, is the process through which the government seeks to remove a noncitizen from the U.S. Immigration and Customs Enforcement (ICE) may initiate enforcement action, while the Department of Homeland Security (DHS) presents the government’s case. An immigration judge generally decides whether you are removable and whether you qualify for relief.
A Notice to Appear (NTA) explains the government’s allegations and the legal grounds on which it seeks your removal. Receiving one does not mean a judge has already decided your case.
You may be able to challenge the allegations, dispute the legal grounds for removal, or apply for a form of relief that allows you to stay. The right approach depends on your individual circumstances.
Apply for asylum or protection from persecution or torture
If you fear returning to your home country, you may qualify for asylum or another form of protection.
Asylum generally requires showing that you have suffered persecution or have a well-founded fear of persecution because of your race, religion, nationality, political opinion, or membership in a particular social group. You must also meet other legal requirements and eligibility rules.
Generally, you must apply for asylum within one year of arriving in the U.S., although exceptions exist. If you are already in removal proceedings, you may be able to apply defensively before the immigration judge.
Other protections may be available:
- Withholding of removal: You must meet a higher standard than asylum by showing that persecution on a protected ground is more likely than not if you return to the proposed country.
- Convention Against Torture (CAT): You must establish that you would more likely than not be tortured by, or with the consent or acquiescence of, a public official if removed to the country in question.
Evidence may include medical records, police reports, witness statements, news reports, and reliable country-condition information.
Withholding of removal and CAT protection generally prevent removal to a particular country under their respective standards. Neither automatically grants permanent residency or citizenship.
Seek cancellation of removal if you meet the legal requirements
You may qualify for cancellation of removal, but the requirements depend on whether you are a lawful permanent resident.
For certain nonpermanent residents, eligibility generally requires at least 10 years of continuous physical presence in the U.S., good moral character during the relevant period, no disqualifying convictions, and proof that removal would cause “exceptional and extremely unusual hardship” to a qualifying U.S. citizen or lawful permanent resident spouse, parent, or child. You must also merit a favorable decision as a matter of discretion.
Lawful permanent residents may qualify under a different set of requirements, including rules concerning the length of permanent residence, continuous residence in the U.S., and certain criminal convictions.
Can you stop deportation after living in the U.S. for 10 years? Possibly, but 10 years alone is not enough. The law includes additional requirements, and certain events can affect how continuous presence is calculated.
Read the official EOIR guidance on cancellation of removal for nonpermanent residents to understand the requirements.
Adjust your immigration status through a qualifying family or employment route
A qualifying family relationship or employment opportunity may provide a path to permanent residence, depending on your circumstances.
For example, marriage to a U.S. citizen may create a family-based immigration pathway. A qualifying employer may also sponsor a worker through an employment-based process. In family cases, Form I-130 establishes a qualifying relationship, but it does not itself grant a green card.
You must separately qualify to adjust status or complete the appropriate immigrant visa process. Eligibility can depend on whether an immigrant visa is available, how you entered the U.S., your immigration history, and whether any grounds of inadmissibility apply.
Prior immigration violations, fraud, unlawful entry, or criminal history may complicate the process.
Importantly, filing a family petition or green card application does not automatically stop deportation proceedings. The immigration court or USCIS must have the appropriate authority to decide the application, and the correct procedure depends on the case.
Explore waivers or other available forms of immigration relief
Some immigration cases involve a legal barrier that may be addressed through a waiver. Certain waivers can forgive specific grounds of inadmissibility, and some require proof of hardship to qualifying family members.
However, waivers are not interchangeable. A waiver for one immigration violation may not address another ground of inadmissibility or a separate ground of deportability. Criminal convictions can also affect whether a waiver is available.
An immigration attorney can review your history, identify the specific legal obstacle, and assess whether a waiver may be available alongside another defense.
A waiver is not a guarantee that you can remain in the U.S., and filing one does not automatically terminate removal proceedings.
Challenge the removal case, appeal a decision, or ask to reopen proceedings
You may have grounds to challenge the government’s case itself. For example, you might dispute factual allegations in the NTA, argue that the government has applied the wrong legal standard, or identify a procedural problem that affects the case.
If an immigration judge has ruled against you, you may be able to appeal to the Board of Immigration Appeals (BIA). An appeal can challenge certain legal or factual errors. The general deadline for appealing an immigration judge’s decision is 30 calendar days, and the applicable filing requirements must be followed.
A motion to reopen is different. It generally asks the court or BIA to consider new facts or evidence. A motion to reconsider asks the decision-maker to review an alleged error of law or fact based on the existing record.
Strict deadlines and limits apply, with certain exceptions. If you already have a final removal order, your options may differ significantly from those available during ongoing proceedings.
Check the official EOIR appeal guidance and get legal advice promptly if a decision has been issued.
Consider voluntary departure when staying Is not a viable option
If you do not qualify for another form of relief, voluntary departure may be an alternative worth discussing.
It allows eligible individuals to leave the U.S. within an approved period rather than depart under a formal removal order. Depending on the circumstances, this may preserve certain future immigration options, although it does not erase previous immigration violations or guarantee that you can return.
Eligibility requirements vary according to when voluntary departure is requested. You may need to meet conditions involving physical presence, good moral character, a bond, or the ability and intention to depart. Some criminal and immigration histories can disqualify you.
Failing to leave within the required period can carry serious consequences, including potential fines and restrictions on certain forms of immigration relief.
Voluntary departure is not the same as winning a deportation defense. Before accepting it, carefully compare the consequences with any available opportunity to challenge removal.
Get legal guidance tailored to your case
Deportation cases are highly fact-specific. A defense that works for one person may be unavailable to another because of differences in immigration history, criminal records, family relationships, or the legal grounds for removal.
The Law Offices of Anne Z. Sedki assists individuals and families navigating U.S. immigration matters. With offices in New York and New Jersey and services for clients nationwide and worldwide, we can help assess your circumstances, identify potential defenses, and explain the next steps available in your case.
If you have received an NTA, missed a hearing, received a removal order, or are unsure whether you qualify for relief, seek advice as soon as possible. Deadlines can be strict, and waiting may limit your options.
If you’d like to discuss your situation, you can schedule a consultation with one of our experienced immigration attorneys. You can also explore our website to learn more about our immigration services.
Frequently asked questions about deportation
How can I stop deportation in the U.S.?
Depending on your circumstances, you may challenge the government’s case, apply for asylum, seek cancellation of removal, pursue an eligible family or employment pathway, request a waiver, or appeal a decision.
What are the best defenses against deportation?
There is no single best defense for everyone. The appropriate option depends on the grounds for removal, your immigration history, and the relief for which you qualify.
Can I stop deportation if I have lived in the U.S. for 10 years?
Possibly. Ten years of continuous physical presence is one requirement for certain nonpermanent residents seeking cancellation of removal. Other requirements, including exceptional and extremely unusual hardship to a qualifying relative, also apply.
Can marrying a U.S. citizen stop deportation?
Marriage may create a pathway to apply for permanent residence, but it does not automatically stop removal proceedings. You must qualify under the applicable immigration rules.
Can I apply for asylum if I am already in deportation proceedings?
Yes, you may be able to apply for asylum before an immigration judge, provided you meet the eligibility requirements and applicable filing rules.
Can I fight deportation if I have a criminal conviction?
Possibly. The effect depends on the offense, sentence, immigration consequences, and the relief you seek. Some convictions create serious barriers, so obtain legal advice about your specific record.
Can I appeal a deportation order?
You may be able to appeal an immigration judge’s decision to the BIA. The general deadline is 30 calendar days, but you must check the rules and circumstances that apply to your case.
Can I reopen my immigration case after receiving a deportation order?
In some circumstances, yes. A motion to reopen may be available based on new facts or evidence, but strict deadlines and exceptions apply. A motion does not automatically stop removal.
Does filing a green card application stop deportation?
No. Filing a petition or adjustment application does not automatically end or pause removal proceedings. The proper process depends on eligibility and which agency has authority over the case.
Should I accept voluntary departure or fight deportation?
That depends on whether you have a viable defense, the consequences of a removal order, your future immigration goals, and whether you qualify for voluntary departure. Review the options carefully with an immigration attorney before deciding.
