In these difficult times, knowing how to stop removal proceedings can make the difference between staying together with your family or facing separation.
The potential for family separation, loss of sustenance and uncertainty can cause great distress. However, there are legal strategies to stop a deportation.
Our New Jersey immigration attorney is ready to help you protect your future in the US.
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How to stop removal proceedings from the United States in 2025 and the different types of paths and reliefs available
Depending on your immigration status, you may be eligible for one of several different relief options to avoid deportation in the United States.
Below are some of the main alternatives available:
Adjustment of status
If you qualify for a Green Card through a family member or employer, you can apply for adjustment of status.
This allows you to change your immigration status without leaving the country, even if you are in removal proceedings.
Appeals and motions
In some cases, the immigrant may file an appeal for their immigration decision or a motion to reopen the immigration case. This allows them to argue errors in the procedure or new relevant facts.
Asylum and Withholding of Removal
If you fear persecution in your home country you may be eligible to apply for:
- Asylum in the United States, or
- Withholding of removal.
Unlike asylum, withholding of removal does not offer a path to lawful permanent residence.
Cancellation of deportation
Some undocumented immigrants can apply for immigration relief known as “Cancellation of Removal” if they meet certain requirements. These include:
- Having lived in the US for a certain period of time, and
- Demonstrating a good moral character.
If eligible, they can obtain a Green Card and avoid deportation.
Prosecutor’s discretion
The US Immigration and Customs Enforcement (ICE) has the authority to stop removal proceedings for the following reasons:
- Humanitarian, or
- Of public interest.
Additionally, in certain scenarios, administrative closure of the case may occur.
Immigration waiver
If deportation is due to certain grounds of inadmissibility, it is possible to apply for a waiver of inadmissibility in the United States .
This relief allows you to correct your immigration status and avoid removal from the US.
Voluntary departure
Applying for voluntary departure allows an immigrant to leave the United States without receiving a formal deportation order.
This can help avoid more severe immigration penalties, such as a lengthy re-entry ban.
Humanitarian visa
Humanitarian visas offer protection to certain individuals who have been victims of crimes or abuse in the US. These include:
- U Visa: Available for victims of serious crimes.
- T Visa: Intended for victims of human trafficking who are in the US.
- VAWA: Provides protection to victims of domestic violence by spouses or parents who are citizens or lawful permanent residents.
Each case requires specific requirements, so it is advisable to consult with our lawyers to determine the best option.
Why are deportation proceedings carried out in the United States?
Deportation proceedings are carried out when the government seeks to expel a foreigner who has violated immigration laws.
These proceedings take place in an immigration court where a judge determines whether the individual should be deported or allowed to remain in the country.
Common reasons for initiating these processes include:
- Overstaying the time allowed by a visa.
- Being convicted of certain serious crimes.
- Working without authorization.
- Submitting false documents during the immigration process.
- Failure to comply with the terms of the visa or Green Card.
What are my rights during deportation proceedings?
During a deportation process, you have several fundamental rights. For example, you can:
- Hire a lawyer at your own expense,
- Present your case before an immigration judge,
- Appeal a possible deportation order before the Board of Immigration Appeals (BIA),
- Remain silent, and
- Do not answer questions from immigration officers without the representation of an attorney.
Are you still wondering how you can end deportation proceedings? Please feel free to call us for a case evaluation.
How do deportation proceedings work?
Deportation proceedings typically work as follows:
- ICE issues a Notice to Appear (NTA), stating the reasons why a person is deportable.
- The immigrant must then appear before an immigration judge at a master calendar hearing, where the process to follow is established.
- Later, at the individual hearing, the judge reviews the case, evaluates the evidence and listens to arguments from both sides.
- If a deportation order is issued, the person may appeal to the BIA or a federal court.
How to avoid common mistakes in removal proceedings?
It is important to avoid certain mistakes during a deportation process, these include:
- Failure to seek legal assistance: Removal proceedings are complex, so having a lawyer by your side can significantly improve your chances of success.
- Missing deadlines: Failure to follow deadlines for filing your documents or appeals may affect your ability to remain in the US.
- Providing false information: Lying or providing incorrect information can damage your credibility and result in your case being denied.
- Ignoring notices from USCIS or ICE: Failure to respond to notices or miss hearings can result in an automatic removal order.
How to appeal a deportation order?
To appeal a deportation order you must:
- File Form EOIR-26: Complete and file the form with the BIA within 30 days of the judge’s decision.
- Submit a legal brief: Your attorney can submit a written argument explaining why the judge’s decision was incorrect.
- Waiting for the BIA decision: The Board will review your case and decide whether to confirm or revoke the deportation order.
- Request additional review: If the appeal is denied, you may request additional review in federal court.
How can our attorney help you stop removal proceedings?
Our immigration attorney will thoroughly analyze your case to determine the most appropriate immigration relief for you.
Additionally, she may represent you in court if necessary, filing appeals and motions if there are new facts or mistakes in the proceedings.
Having legal advice not only increases your chances of success, but also allows you to defend your rights effectively.
You are now more informed about whether a deportation order can be stopped or cancelled. For help specific to your scenario, please call, email, or schedule a consultation with our office in Ridgewood, NJ.
