Deportation is the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation grounds applies to inadmissibility at the time of entry or adjustment of status. Also applies to status violations, such as overstays, and to failure to maintain non-immigrant status. Marriage fraud and economic reasons such as public charge are additional basis for deportation.
Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability and inadmissibility.
Removal Proceedings
The removal process usually begins with the Department of Homeland Security (DHS) issuing a Notice to Appear (NTA). This document states your name and the country in which you were born, orders you to appear before an Immigration Judge (IJ), and gives you other information, such as:
- Why you’re being ordered to appear
- How you allegedly broke the law
- The consequences of your failure to appear at the hearing
Relief from Removal
Examples of forms of relief from removal:
- Cancellation of removal to qualifying lawful permanent residents and qualifying non-permanent residents to change an alien’s status from a non-immigrant to a lawful permanent resident
- Relief under former section 212(c)
- Adjustment of status
- Administrative and Judicial relief includes Motions to Reopen or Reconsider, Stay of Removal, and Administrative Appeal
- Asylum, withholding of removal, and Convention Against Torture relief
- Voluntary departure in lieu of a removal order
Relief from Removal and Deportation Defense Lawyer
If you, a family member, or loved one find yourself in removal proceedings, you want the best representation possible because life in the United States is worth fighting for, not just for yourself, but for your family, and future generations.