Louisville, KY- Each year hundreds of thousands of undocumented immigrants are face with possibility that they will be deported. They have either overstayed their visas, entered the country illegally, or came here with their parents when they were young. There are many reasons why a person could be facing deportation and even though his is a serious matter it is possible for an immigrant to stop or delay deportation and remain in the U.S.

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The immigrant population of has grown significantly over the past decade and according to a Louisville Urban Institute study roughly 18 percent of the state’s immigrant population is undocumented. So it’s likely that each year thousands of immigrants that call Kentucky home will face detention and possible deportation.

First the legal an immigrant will receive a notice of removal or they will be apprehended and detained. It’s important to get ahead of the problem and retain a Louisville immigration attorney immediately; fighting deportation is very difficult without the assistance of a legal expert and a strong defense. It you wait too long, you could be detained for longer than necessary.

There are a number of defense strategies and means through which an immigrant to avoid deportation.

If the immigrant has not been convicted of a serious crime they can apply for a cancellation of removal if they have been a permanent residence (green card holder) of the U.S. for five years or more, or have lived in the U.S. for at least seven years.

Temporary undocumented residents can apply for a cancellation of removal if they have lived in the U.S. for at least ten years; they have not been convicted of a deportable offense, or can prove that their removal would cause an extreme hardship for family members.

Applying for asylum is another way to avoid deportation. The immigrant must be able to prove that their lives or personal safety are in danger, or they face persecution if they are returned to their native country. Persecutions for religious beliefs, race, nationality, social group or political beliefs are all valid ways to prove the need for asylum.

Permanent legal residents can also ask an immigration judge for an adjustment of status. For example, an adjustment of status can be granted if the immigrant has married a U.S. citizen.

Another option is to petition the Department of Homeland security for deferred action on the grounds that there are humanitarian reasons they should not be deported. The best example of this option is the recent decision by the Obama Administration to allow young immigrants who were unknowingly brought illegally to the U.S. by their parents the opportunity to apply for a temporary student or work visa.

These are the possible ways to avoid deportation but until the immigrant seeks legal advice they won’t be entirely sure which defense will work in their particular case. Louisville attorney Rust O’Brien has spent his legal career helping people immigration-related issues for.




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