Deportation  

 


   
Deportation (also called “removal”) is the formal expulsion of an immigrant from the United States when that person has been found removable for violating U.S. immigration laws or other serious criminal laws. All countries, including the United States, reserve the right to deport foreigners, even those who are long time legal permanent residents.

Foreigners who have committed serious crimes, entered the country illegally, overstayed and/or broke the conditions of their visa, or otherwise lost their legal status may be administratively removed or deported. Once deported, an alien may lose the right to return to the U.S.

Deportation is a legal proceeding, and an alien who is subject to this procedure has legal rights prior to being removed from the country, including the right to challenge the removal on procedural or constitutional grounds.

If you or anyone you know is facing a potential removal, it is important that you speak with an immigration attorney to discuss the facts of your case and protect your legal rights.

 
 
   

There are several types of relief from removal that will allow you to stay in the U.S.
Some of the most common are:
Cancellation of removal
Adjustment of status
Asylum

There are several types of relief from removal that will allow you to stay in the U.S.
Some of the most common are:
-Cancellation of removal
-Adjustment of status
-Asylum

Cancellation of removal occurs when your deportation is cancelled or stopped by an immigration judge, and he allows you to stay in the U.S. as a legal permanent resident.

If you are a legal permanent resident, you are eligible for cancellation of removal if:

  • You have lived in the U.S. for 7 years straight after you were admitted
  • You have been a legal permanent resident for at least five years
  • You never been convicted of an aggravated felony
  • You’re not a terrorist, crewman, or exchange visitor
  • You have never been granted cancellation in the past

If you are a non-LPR, you are eligible if

  • You have been living in the US continuously for 10 years
  • During that 10-year period you were not served with a NTA (Notice to Appear)  
  • You did not commit certain crimes
  • You are a person of “good moral character”
  • You show that your removal would result in exceptional and extremely unusual hardship to your spouse, parent, and/or child that is either a U.S. citizen or a legal permanent resident

Through adjustment of status, an eligible alien who is already in the U.S. can change his or her status from nonimmigrant to immigrant status by getting a green card without having to return to a home country.

In order to qualify for adjustment of status, you must meet the following requirements

  • Made a lawful entry to the U.S.
  • Are admissible
  • Have a relative who is a legal permanent resident or U.S. citizen who can apply on your behalf
  • Have had a visa petition approved on your behalf by an LPR or U.S. citizen
  • Have an immediately available visa number
  • You have not violated your immigration status

You are not eligible for adjustment of status if you

  • Failed to appear at the removal proceedings after receiving an NTA
  • You entered the U.S. illegally, meaning you were not interviewed by an immigration officer at the time you crossed the border
  • You violated the restrictions of your temporary visa, like staying in the U.S. after your temporary visa expired

Asylum can be granted to an alien in deportation proceedings if he or she qualifies as a refugee. The refugee must show that he or she is unable to return to a native country because of persecution or a fear of injury or death based on your race, religion, nationality, membership in a particular social group or political opinion.

 

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