I recently met with the family of a man from El Salvador who we'll call Jorge. Jorge was detained by ICE and is facing imminent deportation. He has been in the United States for more than 10 years, has no criminal convictions, and has several relatives with legal status, including his child (a U.S. citizen) and his mother (a permanent resident). Jorge had faced danger in El Salvador: criminals tried to force him to join their gang. They also murdered his uncle. Based on these facts, Jorge is legally eligible to apply for asylum, Withholding of Removal, relief under the UN Convention Against Torture, and Cancellation of Removal. The question for him and his family is whether fighting his case and trying to avoid deportation is a good idea.

The first decision in nearly every removal case is whether to do the case at all. Rather than trying to stay, you could just leave. But how do you make this decision?

The most obvious considerations include (1) how strongly do you desire to stay in the United States; (2) the likelihood that you can win your case; and (3) your budget.

Most of my clients have a strong desire to stay in the U.S. Many face real danger back home. They have often been in the United States for years and have established themselves here. They have U.S.-citizen relatives, jobs, property, and community ties. In some cases, they would have to leave the country without close family members, which could mean permanent separation from children, parents or a spouse. For people in this situation, the idea of leaving is nearly impossible to fathom, and--at the very minimum--would result in emotional and economic hardship. Because most non-citizens have compelling reasons to remain in the United States, it is very important for them to stay here.

Whether a person is able to stay lawfully in the U.S. depends on the strength of their case. Some cases are relatively straightforward. For example, if you are married to a U.S. citizen, entered the country lawfully, and do not have criminal convictions, you should be able to get your Green Card. Other cases are more complex. Even the best asylum case involves uncertainty, and the likelihood of winning depends on many factors: the danger you face in your country, the evidence and witnesses you can present, conditions in your home country, if there are any bars to asylum, whether you are detained, whether you speak English and understand "the system," and whether you can afford a competent attorney. There are also more unpredictable factors, such as which judge or Asylum Officer happens to adjudicate your case and whether the Trump Administration has arbitrarily targeted people from your country.

While it is often quite difficult to determine the likelihood of success (I once wrote a piece about this called Answering the Impossible Question), a lawyer can help evaluate the strength of your case. It is helpful to have some idea about your chances, as you need to plan your life. You also need to decide whether it is worth the effort and expense of litigating your case. And this brings us to money.

If you are one of those unlucky people with limited financial resources, you have to decide how best to spend your money. If you don't have a strong desire to stay in the U.S., or if you think the chances of winning your case are low, it may not be worth spending thousands (or tens of thousands) of dollars to fight your case. Maybe that money is better used to re-establish yourself in your home country or in a third country.

The decision to leave or try to stay is obviously life-changing for you and your loved ones. If you decide to fight, you should do everything possible to win: gather evidence and find witnesses, get help from your community, prepare your testimony, hire a lawyer who you trust.

If you decide to leave, you can take steps to increase the likelihood of returning some day. If you are in Immigration Court, you can apply for Voluntary Departure, which allows you to leave the U.S. without a removal order. This potentially makes it easier to come back. Before you agree to Voluntary Departure, talk to a lawyer to understand how it can help (or not), and whether, when, and how you might be able to return.

If you have a case at the Asylum Office, you should withdraw your application after you depart to avoid a possible removal order.

If you are leaving, you might also look into the new CBP Home Mobile App, which allows "illegal aliens to voluntarily notify the U.S. Government of their intent to depart the United States instead of facing ICE enforcement actions, detention, and removal." According to DHS, those who use the app may be eligible for certain benefits, such as "cost-free travel, travel assistance, and a $1,000 exit bonus." I have not tried this for a client, and I don't particularly trust DHS, but perhaps it can be useful to some people.

In Jorge's case, he and his family have not yet decided how to proceed. Although he is legally eligible for relief and he has compelling reasons to remain in the U.S., he does not have a strong case and the likelihood of success is low. Unfortunately, many families face this same dilemma. By understanding your case, realistically evaluating your chances, and considering your financial situation, you can make the best possible decision under very difficult circumstances.

Originally posted on the Asylumist: www.Asylumist.com