Facing deportation is a daunting prospect for foreign nationals, visa holders, and investors in the U.S. At Ahluwalia Law Offices, we understand the urgency of securing your legal status. Aligned with guidelines from USCIS, DHS, and federal immigration policies, this blog outlines actionable deportation defense strategies to safeguard your rights.
Understanding Deportation Proceedings
Deportation (removal) is initiated when DHS issues a Notice to Appear (NTA), compelling non-citizens to attend immigration court. Consequences extend beyond removal—separation from family, loss of employment, and barriers to reentry underscore the need for immediate legal action.
Critical Timelines: Act Promptly
USCIS emphasizes that responding swiftly to an NTA is vital. Delays risk forfeiting key defenses. Early intervention allows attorneys to file motions, gather evidence, and explore relief options before deadlines lapse.
Proven Deportation Defense Strategies
- Cancellation of Removal
Non-permanent residents may qualify under INA §240A(b) by proving:- 10+ years of continuous U.S. presence.
- Good moral character.
- Exceptional hardship to a U.S. citizen/LPR spouse, parent, or child.
Source: USCIS Policy Manual, Vol. 7.
- Adjustment of Status
Family or employment-based petitions (e.g., through a U.S. citizen spouse or employer) may allow adjustment to lawful permanent residency, halting deportation. - Asylum/Withholding of Removal
Fear of persecution (race, religion, nationality, political opinion, or social group) may warrant asylum (INA §208) or withholding of removal (INA §241). The Convention Against Torture (CAT) protects those fearing government-sanctioned torture. - Waivers of Inadmissibility
Certain criminal or immigration violations may be overcome via I-601 or I-601A waivers, requiring proof of extreme hardship to qualifying relatives. - Post-Conviction Relief
For non-citizens with criminal records, vacating or modifying convictions under state law can eliminate deportation triggers.
Recent Policy Updates
1. Stricter Scrutiny of Asylum Applications (EOIR Policy Memo, April 2025)
On April 11, 2025, the Executive Office for Immigration Review (EOIR) issued a directive authorizing immigration judges to dismiss asylum applications deemed “legally insufficient” without a hearing. Under this policy, judges may “pretermit” (dismiss) cases if they determine the application lacks a viable legal basis, citing the need for docket efficiency. While EOIR asserts hearings are only required for factual disputes, advocates warn this risks depriving applicants of due process. The American Immigration Lawyers Association (AILA) reports judges have already begun dismissing cases under this framework.
Implications: Applicants must now present meticulously documented claims at the outset. Even minor procedural oversights or perceived gaps in evidence could lead to swift dismissal.
2. USCIS Expands Grounds for Denial to Include Antisemitic Activity (Effective April 9, 2025)
USCIS now explicitly considers antisemitic activity—including social media posts endorsing harassment of Jewish individuals or support for antisemitic organizations—as a “negative factor” in adjudicating immigration benefits. This policy affects applicants for green cards, student visas, and those affiliated with institutions linked to such conduct. Even non-criminal activity (e.g., online rhetoric) may trigger denials under discretionary criteria.
Implications: Foreign nationals must rigorously audit their online presence and proactively address potential red flags in applications.
3. Termination of CBP One Parole Grants (DHS Notice, April 2025)
The Department of Homeland Security (DHS) has begun revoking parole status for migrants who entered under the Biden-era CBP One app process. Over 900,000 individuals who received two-year parole grants (with work authorization) are now receiving 7-day notices to depart or face deportation. The administration argues these grants were contingent on “lawful entry,” which it now contests retroactively.
Implications: Recipients must act immediately to challenge termination notices, seek alternative relief (e.g., asylum, cancellation of removal), or file motions to reopen prior cases.
Foreign Investors & Visa Holders: Special Considerations
Maintaining valid status (e.g., E-2, EB-5, H-1B) is critical. Unlawful presence or visa violations can trigger deportation. Proactive compliance reviews and motions to reopen denied petitions may prevent removal.
FAQ
Can I appeal a deportation order?
Yes. File Form I-290B within 30 days or seek a stay of removal.
What if I missed my court date?
Request a motion to reopen (Form EOIR-30) with evidence of improper notice.
Does marriage to a U.S. citizen stop deportation?
It may enable adjustment of status if eligibility criteria are met.
Secure Your Future Today
Deportation defense demands precision and expertise. At Ahluwalia Law Offices, we combine Texas courtroom experience with up-to-date knowledge of USCIS and DHS protocols. Schedule a consultation to explore your defense options and protect your American dream.
Disclaimer: This blog is informational. Consult an attorney for case-specific advice.
