Deportation orders are not necessarily final or uncontested. If you have a deportation case, contact an immigration lawyer who can help you navigate these possibilities. Removal proceedings are the first step in the entire deportation process. We will focus on deportation proceedings and options for how to approach your specific case of deportation procedure.
The deportation procedure is what happens when the government initiates the process of a deportation order. In this case, a judge or immigration officer will determine if you can stay in the United States. Anyone in the United States who is not an American. The citizen could be subject to deportation proceedings.
Working with a deportation defense lawyer can help you when you are placed in deportation proceedings. There are many other reasons why a person may be subject to deportation proceedings. In general, Immigration and Customs Enforcement (ICE) will indict non-US individuals,. Citizens to break a law that can make them removable.
Deportation proceedings are conducted by the Department of Homeland Security (DHS). DHS will first serve non-citizens with a Notice to Appear (NTA). The NTA will cover information such as alleged grounds for removal and your right to have an attorney. The first hearing is known as the Master Calendar hearing.
You need to arrive in person on your hearing date, or you will be issued an automatic expulsion. You can take your lawyer with you to this meeting. Your Chicago deportation and deportation defense lawyer will then discuss options for what steps to take next. If you come up with a plan to defend yourself against your deportation, such as an adjustment of status in the deportation process or withholding the adjustment of deportation status, for example, you will move on to the next step.
The merit hearing (s) allow you and your immigration attorney for the removal process to present your case. Your deportation proceedings lawyer can help you gather evidence and ask questions for merit hearings. Pollock & Associates represent clients at all stages of the removal process. We have experience in a variety of circumstances, including those described below.
An Adjustment of Status (AOS) is an application for immigrants located in the U.S. UU. Anyone who wants to change their status to that of Lawful Permanent Resident (LPR). However, the AOS can also be used as a defense during deportation proceedings.
When facing deportation proceedings, adjustment of status can be made based on marriage or relationship with a U. USCIS Will Review and Approve or Reject an I-130 Petition. Your immigration attorney for deportation proceedings can help you with AOS paperwork and defend you through the deportation process. Learn more about adjustment of status Individuals facing deportation proceedings who are unable or unwilling to return to their home country or country of origin due to persecution may qualify to apply for asylum.
Asylum applies to foreigners who can prove that they have been or are likely to face persecution on the basis of race, religion, nationality, political opinion or membership in a particular social group. The asylum application process is different for people who are in the process of being deported than if they were not facing deportation proceedings. Learn more about political asylum Foreigners facing deportation proceedings can fight deportation by requesting cancellation of deportation. This request may waive certain immigration violations, depending on the circumstances.
If applicants successfully obtain a cancellation of deportation, they are eligible to retain or obtain permanent residence in the U.S. The Convention against Torture (CAT) is an extremely rare grant of protection. CAT is intended for foreign citizens who fear being tortured in their country of origin or country of origin, either by the government or with the acquiescence of the government. Foreign citizens who are not legally eligible for deportation and asylum withholding may find CAT as their only option to stay in the U.S.
Learn more about the Convention Against Torture These exemptions can provide a deportation defense if applicants prove that they have been rehabilitated, that they are not a threat to national welfare and security, and the criminal activity in question occurred more than 15 years before applying for entry to the U.S. Learn More About 212 (h) Exemptions Through Voluntary Departure, People Facing Removal Proceedings Can Leave the U.S. Of their own free will, rather than being formally deported. Voluntary departure has several benefits over an expulsion order, the most notable of which is that it does not lead to ten years of inadmissibility.
Withholding of deportation is intended for foreign citizens who can demonstrate that there is a significant possibility that they will be persecuted in their home country or home country upon return. Anyone granted a stay of deportation is protected from being deported to the country where they fear persecution. This option is inferior to asylum in several respects, but certain crimes that disqualify asylum seekers do not make them ineligible to withhold deportation. Know Your Rights When Dealing With ICE.
Boston Immigration Attorney and Experienced Criminal Attorney, Boston, Massachusetts These are extremely complicated procedures and their success depends on the individual history and circumstances of the person requesting them. Consult an attorney to assess if it makes sense to seek any of these options. IMPORTANT NOTE ABOUT THIS DOCUMENT The information contained in this document is general in nature and is subject to change at any time. As such, it may not necessarily apply to all situations.
Therefore, under no circumstances should it be construed as legal advice. Be sure to consult with an attorney about your specific situation before starting legal proceedings. Serving Customers in Massachusetts and Surrounding Areas. FitzGerald Law Company (also known as “FitzGerald & Company” or “FitzGerald & Company, LLC.
A motion to reopen your deportation or deportation order involves filing with the Immigration Court or the Board of Immigration Appeals newly discovered evidence that was not reasonably available at the time of your original deportation, deportation, or exclusion hearing. If you are a green card holder and committed a crime or any deportable act, you are stripped of your U. Motions to Reconsider Your Deportation Order or Deportation Before the Immigration Court or Immigration Appeals Board. As before, this type of motion does not suspend (suspend) your deportation order, but you can request that immigration officials suspend your deportation while the motion is being considered.
Reentry procedures after deportation vary depending on the reason the person was deported in the first place, the number of violations, among other reasons. After receiving a deportation order, you may know that conditions in your home country have changed since you arrived in the United States. Motions to reopen orders in absentia will suspend or stop your deportation while the motion is being considered by the court. Immigration regulations set a 30-day deadline from the date of your deportation order to file a motion for reconsideration.
Aliens facing deportation proceedings can fight deportation by requesting cancellation of deportation. It's important to note that this type of judgment can be overturned in many cases and that there are certain steps you can take to see if your deportation or deportation order can be overturned. If you were deported due to an aggravated felony, you will most likely be banned from entering the U. Even if the immigration judge has ruled that you are deported or returned to your home country, you have the right to appeal that decision to the next higher court known as the Board of Immigration Appeals (BIA).
Immigration officials, of course, will take a close look at why you were deported and whether that separately affects your ability to qualify for a U. In certain situations, you may be able to ask the immigration judge in your proceedings to reopen your case and review a deportation order. . .
Leave a Comment