What are deportation proceedings?
Deportation proceedings, commonly referred to as removal proceedings, are severe. The US government has begun a legal process that could lead to the person’s deportation from the country.
In actuality, any non-citizen could be subjected to deportation procedures. However, immigrants who have successfully naturalised as citizens of the United States are generally exempt from deportation.
On the other hand, the US government has the authority to denaturalize and deport some citizens who obtained their green card or citizenship by fraud or deception.
Deportation proceedings vs removal proceedings
Deportation proceedings and removal proceedings are similar terms for scenarios in which you are required to appear before an immigration judge and have your immigration status evaluated. Put another way; the US government is putting you through a legal process to deport you from the country.
Several factors can lead to the initiation of removal proceedings. Any non-citizen can be deported, although there are various reasons for this. Let’s see some of the examples-
- Immigration enforcement seizes an illegally present immigrant.
- An immigration judge is referred to an asylum seeker (due to denial)
- A conditional green card holder is prohibited from the conditional status on finding marriage fraud by USCIS.
- A green card holder has been found guilty of a significant offence.
- An F-1 student drops out of school but does not leave the country.
What happens in deportation proceedings?
Deportation involves more for persons living in the United States who are suspected of arriving with illegal papers, convicted of crimes, proven to pose a threat, or violated a legally issued visa. For example, if it is discovered that a naturalised citizen provided false information when obtaining their green card, they may be deported.
An arrest for not having sufficient documentation could trigger the deportation process. These kinds of searches are common in the workplace.
When you are placed in deportation proceedings, the government begins a process that could result in a removal order. If you’ve been ordered deported, an immigration court or officer has ruled that you’re not allowed to be in the United States and has called you to leave.
Finally, getting deported requires you to leave the United States, either on your own or after receiving a “bag and luggage” letter from Immigration and Customs Enforcement (ICE) indicating when and where you must appear for transportation.
Cancellation of removal deportation proceedings
Cancellation of removal deportation proceedings is an immigration benefit that allows permanent residents and nonpermanent residents to petition an immigration judge to change their status from deportable alien to lawfully admitted permanent resident if certain circumstances are met.
Aliens who are lawful permanent residents and nonpermanent residents have different eligibility standards. A permanent resident must establish that they:
- Has continually remained in the United States for at least seven years.
- Has been a legal permanent resident for at least five years.
- Has not been condemned of an aggravated felony to be eligible for cancellation of removal.
Nonpermanent residents must establish that they have:
- Have been of good moral character during that time.
- Been physically present for a continuous period of ten years in the United States.
- Have not been condemned for certain criminal offences.
- Their removal would cause exceptional and highly distinctive hardship to US citizens or nationals.
Get Help If You Are Facing Deportation Proceedings
When faced with the threat of deportation or removal order, it is critical to speak with a skilled immigration lawyer about your circumstances. By presenting all paperwork and providing the necessary documentation of the candidate’s qualifications, deportation attorneys give assistance and expertise in the removal proceedings. In addition, you should look for a defence attorney because the courts do not offer one.
If you fail to appear in court on time, a removal or deportation order will be issued.
Being placed in removal proceedings might have significant ramifications for your ability to stay in or return to the United States. An immigration lawyer or attorney may be able to help you to avoid deportation and make it easier for you to remain in the United States in the future.
Don’t put off seeking advice. Find an immigration lawyer and get legal advice on immigration deportation proceedings as soon as feasible. Before making any decisions, consult with Rodriguez Martin Law Offices to get the best assistance.
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