Removal (deportation) is the process the United States government has for expelling a non-citizen from the country.

Grounds for Removal

Non-citizens in danger of being removed include:

• A person who entered the country on a temporary visa, that has since expired
• A person who has entered the country illegally
• A person who has violated immigration laws
• A long-time immigrant who has a green card, if they commit a crime or have committed a crime in the past
• Making a false claim of U.S. citizenship in order to receive a benefit under the immigration laws or for employment

Relief from Removal

When the government wants to remove (deport) someone, they must serve notice to that person, giving them a certain amount of time to appear before an immigration judge. At that time, the person can admit or deny that he or she is removable (eligible for deportation), and is entitled to a hearing before the judge. Someone served with a notice of deportation can seek certain types of relief from removal through the judge.

The Immigration and Nationality Act provides many types of relief from removal. Chief among these are (1) waivers of excludability and deportability; (2) cancellation of removal for permanent residents; (3) cancellation of removal for non-permanent residents; (4) suspension of deportation; (5) adjustment of status to permanent residence; (5) asylum and withholding of deportation; (6) legalization and registry and, if all else fails, (7) voluntary departure.

All forms of relief from deportation, except withholding of deportation, may be granted at the discretion of an Immigration Judge. Final orders of an Immigration Judge may be appealed to the Board of Immigration Appeals, and in certain cases to the appropriate U.S. Court of Appeals.

Even the simplest immigration issues can benefit from the assistance of an immigration lawyer. A lawyer knows the changes in immigration law. This knowledge can be very helpful to winning your case. Often speeding the processing can be beneficial and lawyers know all the ways this can be done. But sometimes holding on to the application until the law changes to your favor can be more beneficial. Membership in professional organizations and dealing with the USCIS and the immigration court on a daily basis, gives the immigration lawyers the needed insight that is otherwise hard to gain

If you have a complex case, like asylum or deportation, or have special circumstances surrounding you immigration issue, seeking the advice and representation of a lawyer is highly recommended.

If you need a deportation or immigration attorney call us (800-215-11990) or fill out our “Find a Lawyer” form for a free referral to a prescreened immigration and deportation attorney. If you have an attorney in find fill out our “Check a Lawyer” form.

If you have any questions about the information provided above, please contact us.

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