Deportation or Removal Proceedings
What is Deportation?
Deportation includes the formal removal of an alien from the U.S. and can be done in a number of ways: A non-resident can either be arrested as an immigrant, have their application denied by the USCIS, or have a request for asylum denied. Re-entry may not be granted for at least five years after deportation.
Reasons for Deportation:
A non-resident may be deported to his or her home country for the following reasons:
- Fraudulent activity including providing fraudulent information in order to gain a green card, visa, etc.
- Conviction of crimes including narcotics, murder, illegal trafficking of weapons, money laundering, or the sentencing of over 5 years for any crime of violence
- Participation in illegal voting
Process of Deportation or Removal:
- U.S. Immigrations and Customs Enforcement issues the alien a Notice to Appear (NTA) and files it with the immigration court
- A hearing is scheduled in order to confirm the information on the NTA. The alien has the option to proceed either with or without an attorney
- After the alien is confirmed for deportation, the alien has the option to apply for relief from deportation
Seeking Relief from Deportation — Cancellation of Removal
In order to suspend deportation, the alien may fulfill the following:
- The alien is continuously and physically present in the U.S. for 7 years or more
- The alien must portray good moral character
- Religious reasons
- The alien must demonstrate that being deported would cause severe hardship on the alien or his or her family members
- Cancellation of removal based on extreme hardship may be mentioned either prior to a deportation hearing, after a deportation order has been established, or during an administrative proceeding under the Immigration and Nationality Act.
- In order to be eligible, one must have resided in the U.S. for at least 7 to 10 years and be of “good moral character”
Withholding of Deportation
An individual can be withheld from deportation if they he or she can prove that he or she is likely to suffer persecution upon his or her return to their home country. If proven, it is mandatory by law that the refugee is granted relief. Withholding deportation, however, does not permit the alien to apply for lawful permanent resident status and it is possible that he or shay may be deported to another country as opposed to their home country. Instead of forced deportation, an alien may declare voluntary departure in which an order of deportation will not be placed on his or her immigration record and he or she will not be banned from legally returning to the U.S. at a future date.
If you or a loved one is facing deportation issues or need more information regarding your options, contact a Los Angeles Gay and Lesbian Immigration Attorney today.