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How to Stop a Deportation Before It Happens

Published on
April 29, 2025
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Getting a Notice to Appear (NTA) in Immigration Court can feel overwhelming, but it doesn’t always mean removal is guaranteed. There are ways to fight deportation and stay in the U.S. legally. The key is acting quickly and knowing your options.

At Brudner Law, we help individuals across California and the U.S. understand their rights, respond strategically to deportation threats, and protect their future.

If you or a loved one is at risk of removal, here’s what you need to know—and how to take action before it’s too late.

Understanding the Deportation Process

Deportation (or “removal”) is when the U.S. government orders someone to leave the country due to an immigration violation. It usually starts when you receive an NTA—a formal notice that you must appear in Immigration Court.

Common reasons for deportation include:

  • Overstaying a visa
  • Entering the U.S. without valid documents
  • Being convicted of certain crimes
  • Violating the terms of a visa (such as working without permission)
  • Providing false information in an immigration application

Tip: Never ignore an NTA. If you miss your court date, the judge can order your removal automatically—without hearing your side of the story.

Immediate Steps to Take If You Receive a Deportation Notice

Step 1: Talk to an immigration attorney
The sooner you speak with a lawyer, the better. An experienced attorney can review your case, explain your rights, and prepare a legal defense before your hearing.

Step 2: See if you qualify for relief
Many people qualify for asylum, cancellation of removal, or waivers—but don’t realize it. Your attorney can help determine if you’re eligible and file the right applications before a judge makes a decision.

Step 3: Start gathering documents
Proof of your time in the U.S., family connections, employment, education, or community involvement can help show why you should be allowed to stay. Medical records, criminal history, or immigration documents may also be needed.

Even if you’re undocumented, you still have legal rights. You have the right to a lawyer, the right to remain silent, and the right to a fair hearing.

Legal Defenses That Can Stop Deportation

Adjustment of Status (Green Card Application)

If you qualify for a green card—through a U.S. citizen spouse or employer, for example—you may be able to apply for adjustment of status instead of being deported.

Cancellation of Removal

There are two categories of Cancellation of Removal:

For lawful permanent residents

  • 7 years of continuous residence in the U.S.
  • Green card holder for at least 5 years
  • No aggravated felony convictions

For non-green card holders

  • 10+ years in the U.S.
  • Good moral character
  • Extreme hardship to a U.S. citizen spouse, child, or parent if removed

Asylum or Withholding of Removal

If you fear being harmed in your home country because of your race, religion, political views, nationality, or membership in a social group, you may apply for asylum.

Even if you don’t qualify for asylum, withholding of removal may still offer protection.

U Visa or VAWA Protections

If you were the victim of a crime in the U.S. and cooperated with law enforcement, a U visa may allow you to stay and work legally.

If you experienced abuse by a U.S. citizen or green card holder, VAWA allows you to apply for status on your own—without the abuser’s help.

Temporary Protected Status (TPS) or Deferred Action

If your home country is facing war, natural disaster, or humanitarian crisis, you may qualify for TPS.

DACA may also protect certain individuals who arrived in the U.S. as children from being deported.

Waivers of Inadmissibility

If your case involves immigration violations, fraud, or certain criminal convictions, a waiver may help you stay.

Waivers are available for:

  • Unlawful presence (overstaying a visa)
  • Certain crimes
  • Misrepresentation in immigration applications

Each case is unique. An experienced immigration attorney can guide you toward the defense that best fits your situation.

How to Prevent Deportation Before It Starts

The best way to avoid removal is to stay in legal status and follow visa rules. You can also:

  • File extensions or status adjustments before your visa expires
  • Avoid criminal conduct—some convictions lead directly to deportation
  • Know your rights if approached by ICE
    • You do not have to open your door without a warrant
    • You can remain silent
    • You can request to speak with a lawyer

If you're concerned about an encounter with ICE, check out our blog post on how to handle immigration enforcement visits.

What Happens If You Lose Your Case in Immigration Court?

Even if a judge orders your removal, there may still be options:

  • Motion to Reopen: If you have new evidence that could affect the decision
  • Motion to Reconsider: If there was a legal error in the ruling
  • Appeal to the Board of Immigration Appeals (BIA): Must be filed within 30 days
  • Federal court review: If the BIA denies your appeal

All of these have strict deadlines—don’t wait. If you lose your case, speak with your attorney right away to keep fighting your removal order.

How Brudner Law Can Help Stop Deportation

We’ve helped individuals and families avoid removal through proactive legal strategies and strong court representation. Our services include:

  • Full representation in Immigration Court

  • Preparing cancellation of removal cases

  • Submitting appeals and motions to reopen

  • Exploring green card or family-based options to stay legally

If you’re facing deportation—or worried it could happen—Brudner Law is here to help.

Take Action Before It’s Too Late

Deportation doesn’t have to be the end of your story. Many people have a right to stay—but you have to act quickly to protect it.

If you or someone you care about has received a Notice to Appear or is at risk of removal, we encourage you to reach out now.

Contact Brudner Law for a confidential consultation

Your future is worth fighting for—and we’re ready to help.

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