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Writer's pictureRobert Crowder Jr

United States Removal or Deportation Proceedings



What is deportation?


Deportation and deportation refer to the same term. Deportation is a legal term for deportation, but it can be used as a synonym. There are three main steps in deportation.


Deportation Procedures

Deportation Orders

Deportation Act/Deportation

Deportation Procedures are the first step in the overall deportation process. We will focus on the removal steps and options for how to approach specific removal step cases.


What is the immigration process?

The deportation process occurs when the government initiates a deportation order. In this case, an immigration officer or immigration officer will decide whether you can remain in the United States. Persons in the United States who are not U.S. citizens may be subject to the removal process. If you become involved in the transfer process, it can be helpful to work with a transfer attorney.


Who can I remove?


Deportee grounds are defined in Code 8 U.S.C. § 1227. Common reasons for removal procedures include:


Breach of Green Card Status Conditions


Marriage Fraud

Lack of proper legal immigration status

Surviving after visa has expired

Involved in criminal activity

Denied entry during status adjustment or upon entry to the United States

Individual forced


There are many other reasons for getting involved in the repatriation process. Immigration and Customs Enforcement (ICE) typically prosecutes non-U.S. citizens for violating the law.


Deportation Process Flow


The deportation process is administered by the Department of Homeland Security (DHS). DHS will initially serve noncitizens with a Notice of Appearance (NTA). The National Tax Agency handles information such as reasons for deportation and the right to request a lawyer.


Main Calendar Hearing


The first hearing is called the Main Calendar Hearing. You must attend the hearing in person. Otherwise, you will be automatically dismissed. You can bring a lawyer to this interview.


Merit Hearings


Immigration relocation and deportation attorney to review options for next steps. If you have plans to oppose deportation such as: B. Status adjustment in deportation proceedings or pending deportation status adjustment proceed to next step

A merit hearing or hearing allows you and your immigration attorney to present your case for the removal process. Your removal attorney will help you collect evidence and answer questions for the trial.


The 1st Practice attorneys represent clients at every stage of the removal process. I have experience in a variety of situations as detailed below.


Adjustment of Status


The Adjustment of Status (AOS) is an application for US immigrants who wish to change to Lawful Permanent Resident (LPR) status. However, AOS can also be used as a defense in deletion procedures. In the event of removal proceedings, a status adjustment may be made based on a U.S. citizen or her marriage or relationship to an LPR. USCIS will review and approve or deny her I-130 petition. A removal process immigration attorney can assist you with the AOS paperwork and advocate for you during the removal process.


Asylum


A person who is in deportation proceedings and is unable or unwilling to return to his or her country of origin or country of origin due to persecution may apply for asylum.

Asylum is granted to aliens who can demonstrate that they have been or may be persecuted because of their race, religion, nationality, political opinion, or membership of a particular social group.


The asylum application process for persons in deportation proceedings differs from those not awaiting deportation.


Cancellation of Deportation


Foreign nationals under threat of deportation proceedings can protect themselves against deportation by applying for cancellation of deportation. This application may waive certain immigration violations depending on the circumstances.


Applicants who successfully obtain a deportation exemption are eligible to retain or obtain permanent residency in the United States. CAT is intended for foreigners who fear being tortured by the government or with government consent in their country or country of origin.


An alien with no deportation or asylum denial legal status may find her CAT as her only option to remain in the United States (IN ONE). These are typically used in conjunction with AOS to authorize discretionary waivers for certain prohibited violations. INA 212(h) waivers are commonly used for individuals who are barred from entering the United States because of a criminal conviction.

These exemptions can demonstrate that the applicant has been rehabilitated, does not pose a threat to the welfare and safety of the public, and that the offense in question occurred more than 15 years prior to the


voluntary eviction application. may be a defense to deportation. Entry into the United States People at risk of deportation through voluntary departure may leave the United States of their own accord rather than being formally deported.


Voluntary withdrawal has several advantages over dismissal, the most important of which is that it does not lead to a 10-year immigration ban.



Suspension of Deportation


Suspension of Deportation is for aliens who can demonstrate that they will be persecuted upon returning to their home country or country of origin. Those who are granted deportation refusals are protected from being deported to countries where they fear persecution.


While this option is inferior to asylum in some respects, certain crimes that prevent applicants from being granted asylum do not prevent them from being denied deportation.

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