How to Avoid Deportation With a Felony

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Understanding the Risk of Deportation After a Felony Conviction

Under the Immigration and Nationality Act § 237 (8 USC § 1227), a person can be subject to deportation proceedings if they commit a felony after entering the United States. Still, the specific outcome depends heavily on factors like your current immigration status, the nature of the conviction, and when the offense took place. While this reality may seem daunting, it is important to understand that you may have options to pursue relief or defend against deportation.

Some felony offenses trigger a heightened risk of removal, particularly those classified as “aggravated felonies” under immigration law. Crimes that often appear in the aggravated felony category include violent offenses, certain drug trafficking crimes, theft offenses with a sentence of one year or more, and fraud involving over $10,000. Additionally, certain felonies can be deemed Crimes Involving Moral Turpitude (CIMT), which may also increase your deportation risk, depending on your immigration status and the specifics of your case.

At Andrew T. Thomas, Attorneys at Law, we stay current with frequently shifting immigration enforcement priorities. During the Trump administration, for example, there was a substantial rise in deportations of individuals with criminal convictions. Keeping an eye on policy changes helps us craft the strongest possible defense on your behalf.

Legal Options for Immigrants Facing Deportation

When facing deportation, it is crucial to take swift and strategic action. Explore every possible avenue of relief based on your individual circumstances to protect your right to stay in the United States. Below are some of the potential options for those who face removal:

Cancellation of Removal: Depending on factors like residency duration in the United States and whether you have lawful permanent resident (LPR) status, you may qualify for cancellation of removal. This process can be an effective way to demonstrate to the immigration court that you deserve to remain in the country you call home.
Adjustment of Status: If you have a qualifying family relationship or employer sponsor, we assess whether you can adjust your status to lawful permanent residence, even if you are currently in removal proceedings.
Waivers: Some felony convictions trigger specific bars to admissibility or removability. However, you may be eligible for one or more waivers to overcome these obstacles. Whether you need a waiver for unlawful presence, fraud, or other grounds, you need to compile the evidence to support your application.
Other Forms of Relief: Another available relief is provided under the Violence Against Women Act (VAWA). U Visas for crime victims and Temporary Protected Status (TPS) may also be granted.

Seeking Asylum as a Defense Against Deportation

When a felony conviction threatens your future in the United States, seeking asylum may be another path to consider. Asylum provides protection for individuals who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group.

Applying for asylum might seem daunting, especially when you are also worried about your criminal history. An experienced asylum lawyer can provide a compassionate, detail-oriented approach to your case and answer your questions related to this protection. They will evaluate your eligibility by examining your personal background, the nature of your conviction, and the circumstances in your home country. Gathering strong evidence—such as expert reports, witness affidavits, and documentation of past or potential persecution—can be central to building a successful claim.

Because asylum law often intersects with criminal law, we encourage you to contact an attorney as soon as possible if you believe you may have a valid claim. Time is always critical for asylum applications, especially if you receive a Notice to Appear for removal proceedings.

Preparing Your Defense: Gather the Necessary Documentation

Building a robust defense against deportation often hinges on gathering the right evidence. Your trusted attorney can help you identify and compile documents that demonstrate your ties to the United States, your good moral character, and any family hardships that may arise from your removal.

Key Documentation May Include:

Proof of Identity and Status: Passports, birth certificates, prior visas, and other immigration-related documentation.
Evidence of Ties to the US: This might include employment records, tax returns, property deeds or lease agreements, and proof of community involvement such as volunteer work or church membership.
Family Relationships: Marriage certificates, children’s birth certificates, or affidavits from relatives can emphasize your family’s reliance on you and the potential hardship caused by separation.
Expert Testimonies or Psychological Evaluations: These can show the potential impact of deportation on you or your loved ones.
Criminal Case Records: If you have a felony conviction, obtaining accurate court documents and evidence of rehabilitation can be critical to your defense.

Collecting these documents early in the process helps ensure you can present a solid legal argument on your behalf.

Appeals and Staying Updated on Your Case

Receiving a deportation order does not always mark the end of your case. Depending on how your proceedings were handled, you may be eligible to file an appeal. At Andrew T. Thomas, Attorneys at Law, we move swiftly to file all necessary paperwork within the strict deadlines set by immigration authorities. Our appeals work can include filing with the Board of Immigration Appeals or even taking your case to a federal circuit court if warranted.

We also emphasize the importance of staying informed about any changes in immigration law or policy that might affect your situation. At our firm, we make it our duty to analyze legal changes, translate them into actionable strategies, and keep you fully informed every step of the way.

Let Us Help You Navigate Your Immigration Challenges

Dealing with the threat of deportation, especially after a felony conviction, can be frightening and stressful. Yet, you do not have to face it alone. At Andrew T. Thomas, Attorneys at Law, we tailor our legal strategies to your unique circumstances, drawing on years of experience to explore every avenue for relief. We prioritize open communication, compassionate client service, and relentless advocacy—because we understand how much is at stake for you and your family.

Whether you are seeking asylum, requesting cancellation of removal, or defending against deportation based on a past conviction, we are committed to providing personalized, professional legal support. We stand by your side in immigration court and guide you through complex paperwork and procedures, showing you that your future can still hold promise.

Our firm is committed to protecting immigrant rights from deportation, keeping families together, and ensuring you have a fair chance at a life free from fear of removal. Reach out to us for a confidential consultation. The sooner we begin, the more effectively we can develop a strong defense strategy crafted around your needs, your family, and your future.