QUESTION: I don’t know what to do. Trump will become president and I’m afraid he will deport everyone who is not here legally? What can I do?
Answer: First of all, while the president certainly has a lot of power, he cannot simply order that 11 million people be deported. In fact, there are many laws and procedures which have been passed by Congress and signed by prior presidents as to the rights of foreign nationals here in the U.S.
Question: What if they just take me out of my house?
Answer: First of all, under most circumstances, you will have the right to fight your case in front of an immigration judge. This means you will have the opportunity to deny or admit the allegations against you; the right to a contested hearing on those allegations and the right to ask for all kinds of relief you might qualify for under the law. The immigration judge may very well find you deportable, but ask what relief are you going to seek.
Question: Assuming the immigration judge does ask this type of question, what can I answer?
Answer: Each case is different and that is the reason to make sure you have a qualified Immigration and Naturalization Attorney helping you. However, some of the more popular forms of relief would be Adjustment of Status, Fraud Waiver, Criminal Waiver, Registry, Asylum, Withholding of Removal, Cancellation of Removal for Lawful Permanent Residents, Cancellation of Removal for Non-residents, Convention against Torture and others. You can see that in fact there are numerous forms of relief and assuming qualification, the law permits you to fight for these and to obtain status EVEN if the Immigration Judge rules you are removable and EVEN if you are here illegally.
Question: How long will it take?
Answer: Removal proceedings will take longer in the more popular states, such as California and New York. However, much will depend on the type of case and the facts of each case. However, typically, a case in immigration court will take up to two to three years.
Question: What if I lose?
Answer: You will then have the opportunity to appeal the case to the BIA (Board of Immigration Appeals), which will normally take one to two years.
Question: What if I lose there?
Answer: You will then have the opportunity to appeal the case to the Circuit Court of Appeal. I can continue letting you know, but suffice it to say, that you cannot just be thrown out of the country as Trump and/or his people might have you think. This brief Q&A should at least notify you that there are plenty of ways to fight and unless all the laws themselves are simply changed, you will have plenty of opportunities to fight your case.
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Atty. Brian D. Lerner has been an Immigration Attorney for nearly a quarter of a century. He is married to a Filipina and has helped thousands of Filipino families all over the country. In addition to his offices in Southern California in Long Beach and Carson, he has an office in Quezon City. He is a certified specialist in Immigration and Nationality Law by the Legal Board of Specialization, California State Bar. The initial consultation is free. Call (562) 495-0554 and/or send an e-mail to [email protected].
