Any person who is not a US.Citizen can be deported from the United States. Non permanent residents can be deported if they entered he US. without inspection, or without a valid visa or passport. Similiarly in the event that they entered legally with a visa, but overstayed the period of time authorized to remain in the US.
The most common reason for a legal permanent resident or green card holder to be deported o removed from the US is if a serious crime, or felony, is committed by the resident. Every year, thousands of immigrants, including many legal permanent residents are placed under deportation/removal proceedings because of criminal offenses, even for minor offenses committed many years ago. These crimes are classified as "aggravated felonies" and "crimes of moral turpitude". Examples of crimes which render the accused removable from the US include firearms offenses, dug trafficking, murder, manslaughter, robbery, crimes of domestic violence, aggravated assault, marriage fraud, rape and sexual crimes, multiple criminal convictions, prostitution, false claim US citizenship, failed asylum applications, and many more. The list is endless, even a minor misdemeanor shoplifting offense can be grounds for removal.
Upon arrest, conviction and imprisonment for the crime, the case is brought to the attention of the USCIS authorities, and the person is detained pending removal proceedings, which occur after serving the sentence for the crime.
A removal/deportation hearing is held before an immigration judge. However, this does not necessarily mean that a deportation will be ordered when no serious crime has been committed. A permanent resident can apply for "Cancellation of Removal" or "Adjustment of Status" reliefs. A removable alien who is the spouse, parent or child of a US citizen may apply for this relief.
Therefore, in view of the harsh immigration laws presently in force, it is vital that you are represented by competent, experienced and knowlegeable immigration counsel when attending a removal/deportation hearing in immigration court.
This firm will provide you with thie expert representation.
A removal (deportation) proceeding is primarily concerned with determining the alien's right, or lack of it, to remain in the U.S. after he or she has already been admitted into the US by immigration officials. This is due to the fact that because the U.S.C.I.S.contends that the person has committed some acts which violate certain immigration laws or the terms upon which the person had been granted a visa, and has initiated a move to send that person back to his or her home country. Therefore, deportation affects people who are already in the U.S., either legally or illegally, by forcing them to leave.
However, there are legal defenses available that might make it possible to avoid being removed (deported) -eg-
(a) Adjustment of Status under the Immigration & Nationality Act Section 245, under certain conditions, which is the process by which a non-immigrant changes his or her status to an immigrant status, ie. to the status of lawful permanent resident of the U.S. Certain legal requirements and restrictions are imposed upon the non-immigrant with respect to being permitted to adjust his or her status. A deportable alien who is the parent, spouse, widow or child of a U.S.citizen may be eligible to apply to the Judge to adjust his or her status to that of lawful permanent resident.
(b) Asylum application, which protects under removal proceedings who has fled persecution or fear future persecution in his or her home country, which allows legal status in the U.S., work permit and green card.
(c) Cancellation of Removal,for persons without green cards, if they can prove 10 years' continuous physical presence in the U.S., and can also show that being removed would cause exceptional and extremely unusual hardship to a spouse, parent or child who is a U.S.citizen or legal permanent resident.
(d) Deferred Action. This is an agreement by the U.S government to put the case on hold, to neither give legal status or deport the person.
(e) Cancellation under the Violence Against Women Act (VAWA). The applicant must show that he or she has been battered or subjected to extreme cruelty by a "qualifying relative" - usually a spouse who is a U.S.citizen or legal permanent resident, and has resided in the U.S. for a minimum period of three years and is of good moral character.
(f) Protection under the Convention Against Torture Act (CAT). Protection is available only if it is more likely than not that the home country's government, or some person or group that the government is unable or unwilling to control, will torture this person.
(g) Hardship Waiver. A person who is being deported from the U.S.for certain criminal grounds may be eligible for a waiver under immigration law if this would result in "extreme hardship" to his or her U.S.citizen or Legal Permanent Resident spouse, parents or children. Proof of this extreme hardship must be submitted.
(h) Suspension of Deportation. The applicant may apply for this relief if he or she is able to fulfill the following three conditions-
1. Must have been continuously present ion the U.S.for at least seven years. Absences which are brief, casual and innocent do not interrupt the continuity of physical presence.
2. Must be a person of good moral character.
3. It must be an extreme hardship upon the applicant, spouse, children or parents who are U.S.citizens or Legal Permanent Residents if the deportation were to proceed.
(i) Citizenship. A person who can prove that he or she is already a U.S.citizen, or has fulfilled the requirements for naturalization, may request that the case be either terminated or held in abeyance pending the result of the citizenship application.
(j) Registry. This is similar to amnesty, and is available to persons who have resided continuously in the U.S.since prior to January 1, 1972 who are persons of good moral character and are not deportable for serious crimes, and who are not ineligible to apply for citizenship.
(k) Voluntary Departure. This offers a way to leave the U.S.without blemishing the person's immigration record with a past order of removal, which can make returning to the U.S. harder. This enables the person to eventually return to the U.S. at some time in the future, usually after five years.
The above defenses are not available to persons with serious criminal convictions, such a "aggravated felonies", except in the event that the applicant is already determined to be a U.S.citizen, such as a "derivative citizen".
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