Sacramento Law Group

As an undocumented individual, you may feel that your options have been severely limited by your situation. While your situation may seem bleak as an undocumented immigrant (an immigrant with no immigration status in the United States), you do have options.

Deportation Defenses

Your first course of action is to contact a lawyer. A lawyer who specializes in deportation defense has most likely dealt with 100’s of immigrants and knows the pros and cons of each defense.

Removal Proceedings are Incorrect

As long as you have documentations and reasons under the law for why you should not be removed, you can make a claim that you are not legally removal. For instance, if you demonstrated that the U.S government was incorrect in including you in removal proceedings because of a technicality or another reason, you can make a claim in immigration court. At court, you will be asked (or your lawyer will be asked) whether the claims against you for removal are correct or incorrect. If you deny the allegations in favor of removability, the Department of Homeland Security must demonstrate that you are actually removable.

Relief from Removal

Requesting relief from removal means that while you have been placed in proceedings for deportation, you may qualify to stay in the United States under certain circumstances.

Depending your situation, some circumstances can include:

  1. A request for asylum. Asylum is a form of protection which allows a person to stay in the United States if they have a legitimate reason for fearing persecution in their own home country.
  2. A request for an adjustment of status under s. 245 under the Immigration and Nationality Act. An adjustment of status occurs when a person has entered the U.S legally. (Examples of this includes when a person has over-stayed their visa, or have stayed in the country longer than they should have).
  3. A request for an adjustment of status under s. 249 under the Immigration and Nationality Act.

This method allows a person to get a green card if they have entered the United States prior to January 1st 1972, and have met other requirements including residency requirements, admissibility, and good moral character.

Disclaimer

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code. The information contained in this website is for informational purposes only and is not legal advice. Furthermore, the information contained in this website is not guaranteed to be up to date, accurate, or complete. An attorney-client relationship can only be established by signing a representation agreement.
*$900 Chapter 7 Bankruptcy Fee Disclaimer: While most cases qualify for the above fee, some cases are complex. Consequently, the above fee is only a sample fee (not a specific or guaranteed fee) and is subject to change at any time due to the necessity of charging more for complex cases. The sample chapter 7 fee represents the typical fee for a simple no-asset chapter 7 case. The $900 fee is only available to residents of the following counties: Sacramento, Placer, Yolo, Solano and San Joaquin. Residents of other counties may be charged more.