At Trujillo Vargas Gonzalez & Hevia, LLP our office can offer an experienced Immigration Attorneys in Miami that will guide you with the appropriate strategy to reach your goals. We have seen a large influx of immigrants and undocumented individuals here in South Florida. We realize that the new presidency has caused a lot of tension and fear of deportation. Please read below to obtain information on just some of the deportation defense strategies our Immigration Attorney in Miami, FL utilizes to help your case.

 

In many cases, an undocumented worker or individual has resided in the United States for years, if not decades and has built a family here and a successful business. We understand your worries and are here to help.

 

What Does “Undocumented Immigrant” Mean”?

 

In essence, this means that the individual has no immigration status in the United States. They came to the country by illegal means.

 

Relief Available



If you are an undocumented immigrant and are currently in legal proceedings, your Immigration Attorney in Miami, FL can request relief from removal for your case. You will need to ask your attorney what relief you qualify for after providing them with all the pertinent information about your life, relatives living in the USA, and etc.

 

Types of Relief From Removal:

 

  1. Asylum: If you have fled from persecution or fear future persecution in your homeland, this is a form of protection and allows you to obtain legal status in the United States.
  2. Cancellation of Removal for Individuals Who Are Not Lawful Permanent Residents:

If you can prove that you have been living in the United States for at least 10 years, this can be a method for obtaining a green card. Your attorney needs to show that by you being removed, extreme and unusual hardship would come about to your qualifying relative (spouse, child, parent who is a citizen or permanent resident).

  1. Adjustment of Status: With this relief, you can have your status changed from “undocumented” to “immigrant”. There are various requirements you must meet, and you have to prove that you entered the United States legally.
  2. Prosecutorial Discretion: In this scenario, the government agency that is attempting to deport you will decide to stop trying. If they allow you to stay you would need to apply for work authorization, and may not be allowed to travel.
  3. Withholding of Removal: Your attorney would need to show that if you returned to your homeland country, that you would more likely than not be a victim of persecution upon return. Compared to asylum, this method provides less benefits as recipients are usually ineligible to apply for permanent residence or to travel outside of the United States.

 

Prove That You Are Not Removable As Charged



Another popular option is to argue the very fact that you are removable. By denying the allegations made against you, it becomes the burden of the Department of Homeland Security to collect enough evidence to have you deported. This can only work in cases where you have been charged for the wrong reasons.  It is important to consult with your attorney as to whether this would be an effective method for your defense.

 

There are various other options, but hopefully, this list will help you discover some of your options. Please contact an experienced Immigration Attorney in Miami, FL to handle your Deportation Defense and help you stay in the United States.
You can visit our contact page today to email one of our trusted attorneys at Trujillo Vargas Gonzalez & Hevia, LLP or for faster service please call our Miami office at (305) 631-2528 and ask for Isadora Velazquez.