Understanding Deportation Defense Options in Georgia

Understanding Deportation Defense Options in Georgia

Receiving a Notice to Appear (NTA) in immigration court is one of the most frightening experiences a person can face. The possibility of being separated from your family, your home, and your livelihood in the United States is overwhelming. But it is important to understand that a deportation order is not inevitable. There are multiple legal defenses available, and an experienced immigration attorney in Georgia can help you explore every option.

At J. Lee & Associates Law Group, we have represented individuals and families facing removal proceedings throughout Georgia. This guide explains the most common deportation defense options available under current immigration law so you can understand your rights and take action.

What Is Deportation (Removal)?

Deportation, now officially called "removal" under federal immigration law, is the legal process by which the U.S. government orders a non-citizen to leave the country. Removal proceedings can be initiated for a variety of reasons, including overstaying a visa, entering without inspection, committing certain criminal offenses, or violating the terms of your immigration status.

Removal proceedings begin when the Department of Homeland Security (DHS) files a Notice to Appear (NTA) with the immigration court. The NTA lists the factual allegations and charges against you. From that point forward, your case will be heard by an immigration judge at the Executive Office for Immigration Review (EOIR).

In Georgia, immigration court hearings typically take place at the Atlanta Immigration Court. Given the heavy caseload, it is not uncommon for cases to take months or even years to resolve, but that also means there is time to build a strong defense.

Cancellation of Removal

Cancellation of removal is one of the most commonly used deportation defenses. There are two types, depending on your immigration status.

Cancellation of Removal for Lawful Permanent Residents (LPRs)

If you are a green card holder facing removal, you may be eligible for cancellation of removal if you meet the following requirements:

• You have been a lawful permanent resident for at least five years
• You have resided in the United States continuously for at least seven years after being admitted in any status
• You have not been convicted of an aggravated felony as defined under the Immigration and Nationality Act (INA)

If granted, cancellation of removal allows you to keep your green card and remain in the United States.

Cancellation of Removal for Non-LPRs (NACARA 10-Year Rule)

If you are undocumented or have no lawful status, you may still qualify for cancellation of removal if you can demonstrate:

• Ten years of continuous physical presence in the United States
• Good moral character during those ten years
• Removal would result in exceptional and extremely unusual hardship to a qualifying relative who is a U.S. citizen or lawful permanent resident (spouse, parent, or child)

The hardship standard is deliberately high. Ordinary hardship, such as financial difficulty or emotional distress from family separation, is generally not enough. You must show that the hardship goes well beyond what would normally be expected. An experienced Georgia deportation defense attorney can help you build the strongest possible case.

Asylum

Asylum is a form of protection available to individuals who have been persecuted or have a well-founded fear of persecution in their home country based on one of five protected grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

You can apply for asylum affirmatively (before removal proceedings begin) or defensively (as a defense against removal in immigration court). If you are already in removal proceedings, asylum is raised as a defense before the immigration judge.

It is important to note that asylum applications generally must be filed within one year of your arrival in the United States, although there are exceptions for changed circumstances or extraordinary circumstances that prevented timely filing.

Withholding of Removal and CAT Protection

If you do not qualify for asylum, you may still be eligible for withholding of removal under INA § 241(b)(3) or protection under the Convention Against Torture (CAT). These forms of relief have a higher burden of proof than asylum but do not have a one-year filing deadline.

Withholding of removal requires you to show that it is more likely than not that you would be persecuted on account of a protected ground. CAT protection requires you to show that you would more likely than not be tortured by or with the acquiescence of government officials in your home country.

Adjustment of Status

In some cases, individuals in removal proceedings may be eligible to adjust their status to lawful permanent resident. This can happen if you have an approved immigrant visa petition (such as a family-based petition through a U.S. citizen spouse or parent) and meet other eligibility requirements.

The immigration judge can grant adjustment of status as a form of relief from removal. This is an important option for individuals who may have entered the U.S. without inspection but who now have a qualifying family relationship.

Voluntary Departure

Voluntary departure is not a defense against removal in the traditional sense, but it can be a strategic option in certain cases. If you agree to leave the United States voluntarily, you may avoid some of the harsh consequences of a formal removal order, including the bars to reentry that can last five, ten, or even twenty years.

Voluntary departure can be requested at the beginning of removal proceedings (pre-hearing) or at the conclusion. The requirements differ depending on when you request it, and it must be granted by the immigration judge.

This option should be considered carefully with your attorney, as it is not appropriate for everyone.

Prosecutorial Discretion and Administrative Closure

In some cases, DHS attorneys (also known as trial attorneys from Immigration and Customs Enforcement, or ICE) may exercise prosecutorial discretion to close or dismiss your case. This can happen when the government determines that your case is a low enforcement priority.

Factors that may lead to favorable prosecutorial discretion include:

• Length of time in the United States
• Family ties to U.S. citizens or LPRs
• No criminal history
• Community involvement and contributions
• Medical conditions or age

While prosecutorial discretion is not guaranteed and depends on current enforcement priorities, it remains an avenue that a skilled immigration attorney should explore on your behalf.

U Visa and T Visa

If you have been a victim of certain crimes (U visa) or human trafficking (T visa) in the United States, you may be eligible for special immigration relief. These visas provide a path to lawful status and can serve as a defense against removal.

The U visa is available to victims of qualifying crimes, including domestic violence, sexual assault, kidnapping, and other serious offenses, who have cooperated with law enforcement. The T visa is available to victims of severe forms of human trafficking.

Both visas can eventually lead to lawful permanent residence and are particularly important protections for vulnerable individuals facing removal.

Why You Need a Georgia Deportation Defense Attorney

Immigration law is among the most complex areas of law in the United States. The consequences of a removal order are severe and life-altering. Unlike criminal proceedings, there is no right to a court-appointed attorney in immigration court. If you cannot afford a lawyer, you must represent yourself, often against a trained government attorney.

Having an experienced deportation defense attorney dramatically improves your chances. Studies consistently show that represented individuals are far more likely to obtain relief from removal than those who appear pro se.

At J. Lee & Associates Law Group, our Georgia immigration attorneys understand the stakes. We work closely with each client to identify every possible defense, gather supporting evidence, prepare witnesses, and present the strongest case possible before the immigration judge.

Take Action Now to Protect Your Future

If you or a loved one is facing deportation in Georgia, time is critical. Every day that passes without legal representation is a missed opportunity to build your defense. Do not wait until your hearing date to seek help.

Contact J. Lee & Associates Law Group today for a free consultation. We will review your case, explain your options, and develop a personalized defense strategy. We serve clients throughout Georgia, including Atlanta, Marietta, Lawrenceville, Decatur, and surrounding communities.

Related Practice Areas: Immigration | Immigration Services | Criminal Defense

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At J. Lee & Associates Law Group, we offer free consultations to evaluate your case. Our bilingual team is ready to help you understand your legal options and fight for the compensation you deserve.

• Phone: (770) 609-9396
• Address: 1250 Tech Dr, Suite 240, Norcross, GA 30093
• Website: https://www.jlalawgroup.com

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