Deportation, or “removal” from the United States, is the formal process of removing a foreigner from the U.S. based on violating the law. Depending on how the foreigner initially entered the U.S., as well as the alleged law violation leading to deportation, the process may be expedited without a hearing or may involve a hearing before an immigration judge. Those in jeopardy of being deported may be held in a detention center, though this is not always the case.
If you or your loved one has received a Notice to Appear or is under threat of removal, it is in your best interest to speak to an experienced immigration lawyer right away. Contact the Law Office of Kelli Y. Allen, PLLC for an initial consultation with our Charlotte deportation defense lawyer.
Our firm can be reached online or by phone at (704) 870-0340.
The Deportation Process
The deportation process often begins with an arrest of the person allegedly in violation of immigration law. These arrests can be made by local law enforcement or federal officials.
If a foreigner is found to have entered the U.S. illegally without any travel documents or found to have overstayed a visa, he or she may be deported through expedited removal. In this process, there is typically no hearing in immigration court, though an appeal can be made with an immigration judge. Under current laws, expedited removals can only occur if the foreigner is found to be within 100 miles of the United States border or if they have been in the U.S. for two weeks or less. These laws are subject to change under the current administration.
In non-expedited removal proceedings, the foreigner receives a Notice to Appear (NTA) ordering the individual to appear at an immigration court hearing. The NTA must be served, either in person or through the mail, at least 10 days before the scheduled hearing.
In either case, expedited or non-expedited removal, ICE can detain a foreigner who is to be removed. An individual who is detained in an immigration detention center or another similar facility may be granted a bond.
Defense against Deportation
There are several options for stopping deportation from the United States, including:
- Cancellation of removal
- Voluntary departure
- Defensive asylum
- Withholding of removal
With the voluntary departure, you may choose to leave the United States voluntarily. This may allow you to eventually return to the U.S. if you meet certain legal requirements. With defensive asylum, you may be able to seek asylum in the U.S. if you can show that being returned to your country of origin would result in you facing serious persecution.
Cancellation of Removal
Cancellation of Removal is a discretionary form of relief which allows an alien to remain in the United States as a lawful permanent resident even though he has been found removable. This form of relief is available for aliens who are already lawful permanent residents as well as those who have no legal immigration status. This form of relief is discretionary on the part of the immigration judge. Before the judge has the discretion to grant cancellation of removal, however, the alien must prove that he meets the statutory requirements. The requirements of cancellation for LPRs and non-LPRs vary.
Cancellation for non-LPRs or LPRs not meeting the LPR cancellation requirements:
- Has been physically present in the United States for 10 years immediately before the service of the notice to appear.
- Has not been convicted of certain enumerated crimes
- Has a good moral character
- Prove that removal would cause exceptional and extremely unusual harm to a qualifying U.S. citizen or LPR parent, spouse, or child.
Cancellation for LPRs requires that the alien:
- Has lived in the United States for at least 7 years after admission to the U.S. in any status
- Has been an LPR for at least 5 years.
- Has not been convicted of an aggravated felony
Adjustment of Status
Adjustment of status as a form of relief from removal allows an alien to become a lawful permanent resident during the removal proceedings, without leaving the United States. Although this relief is discretionary with the immigration judge, the alien must usually have been admitted into the country, meet the statutory eligibility requirements for the immigrant visa requested, and have an immigrant visa number immediately available before the judge has the authority to grant adjustment of status.
Voluntary Departure is a discretionary grant by the immigration judge that allows an alien to depart the United States voluntarily, at his own expense, rather than being ordered removed. This prevents the mandatory bars on re-entry which results from a removal order. If a voluntary departure is granted at the master calendar hearing, the judge will normally allow the alien 120 days to depart from the United States. If a voluntary departure is granted after another form of relief has been denied, the alien will have only 60 days to depart.
Deferred Action is the final effort to prevent removal after a final order of removal has been entered. If Immigrations and Customs Enforcement agree to defer removal, the alien may remain in the United States indefinitely. However, no legal status is conveyed and ICE may later decide to execute the removal order. Deferred Action is rarely available, and granted only in exceptional cases for humanitarian reasons.
Our firm can assist you in working to halt deportation proceedings. Our Charlotte deportation defense attorney offers personalized legal guidance and straightforward counsel tailored to your unique situation. Reach out to the Law Office of Kelli Y. Allen, PLLC today to schedule your initial consultation
Contact us online or by phone at (704) 870-0340 as soon as possible if you are facing deportation.
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