Deportation from the United States is a very challenging experience to undergo, whether you are the person being deported or a loved one. This article overviews:
- Common reasons for deportation or removal,
- The difference between removal and deportation proceedings, and
- What you can do to stop a family member’s removal proceedings.
What Are Some Common Reasons For Deportation From The United States?
Deportation, also known as removal, occurs for various reasons. Of the common reasons for deportation or removal from the United States, perhaps the most common is when an individual residing in the country without legal status or is a lawful permanent resident commits a serious offense such as aggravated assault. These individuals can face deportation even if they hold a green card.
Another cause for deportation is when an individual has exhausted all possible legal options for staying in the United States, such as being denied asylum by a judge. Additionally, if an individual attempts to enter the country using fraudulent travel documents, such as someone else’s passport, they may be subjected to expedited removal at the border.
What Is The Difference Between Removal And Deportation Proceedings?
Deportation and removal proceedings are essentially the same, although the technical legal terminology used is “removal proceedings.” Although the court might use the term “removal proceedings” when the hearing starts, the terms are interchangeable.
What Can I Do To Stop My Family Member’s Removal Proceedings?
The availability of relief for a family member in removal proceedings depends on several factors. The proceedings will likely be terminated immediately if the person is a legal permanent resident or an American citizen. Alternatively, they may have other relief options with the United States Citizenship and Immigration Services (USCIS), such as adjusting their status if they had recently married an American citizen or if they are eligible for protections provided by the Violence Against Women Act (VAWA). If an individual is seeking asylum and wins their case in court, the proceedings continue, but relief is granted.
Cancellation of removal only applies to legal permanent residents seeking to keep their green card or non-legal permanent residents seeking a green card. The USCIS cannot grant this relief; only an immigration judge may. To be eligible for cancellation of removal, non-legal permanent residents must be physically present in the United States for ten years, have good moral character, not have been convicted of certain crimes, and be facing exceptional and extremely unusual hardship to a legal permanent resident or U.S. citizen spouse, child, or parent. They must also have a qualifying relative who is either an unmarried minor child, a parent, or a spouse with status.
People who have already received cancellation and removal, were persecuted, entered as crewmen after June 30th, 1964, or certain J visa exchange visitors cannot apply for non-legal permanent resident cancellation and removal. Additionally, applicants must meet the 10-year continuous physical presence requirement before a notice to appear is served. If, for example, an applicant has been in the U.S. for nine years and nine months, they would not be eligible for cancellation and removal because they need three more months to meet the 10-year requirement. Others who are in the United States illegally may not face any trouble until they get charged with a crime such as DUI. Once they receive a notice to appear in immigration court, they may no longer be eligible for cancellation and removal if they have not met the 10-year continuous presence requirement.
Additionally, committing certain offenses can stop the clock for continuous physical presence. A criminal bar also prevents people with certain crimes from applying for cancellation and removal, except for minor misdemeanors where hardship factors override the crime. The decision to grant cancellation and removal is discretionary and solely up to the judge, who considers various mitigating factors, such as the length of time the applicant has been in the United States, family ties, age, health, and special needs in school.
There are different types of cancellation and removal, including non-legal permanent residence, legal permanent residence, and VAWA cancellation, which has affirmative and defensive requirements. It is crucial to apply for cancellation and removal during removal proceedings, but some people who qualify may not be able to apply because they are not in removal proceedings. Having an immigration attorney at your side is a great way to increase your chances of successfully navigating the complicated process of removal and remaining in the United States with your loved ones.
For more information on Common Reasons For Deportation Or Removal, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 341-0551 today.
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