There are many reasons an immigrant may face deportation proceedings, ranging from a violation of immigration laws, criminal charges, stays beyond visa expiration and more. In any case, it is vital that anyone facing removal consult with an immigration attorney to find out the best method of remaining in the US.
There are a wide variety of reasons that may make an immigrant subject to deportation or removal. Below is a list of common reasons someone might face a deportation proceeding:
This is only a short list, and many other offenses may qualify an immigrant for removal from the country.
Many immigrants are charged with crimes, and their attorney may not be aware of their immigrants status. Handling a criminal case for an immigrant requires very different strategy, and if the case is not handled with care, there can be significant immigration consequences irrespective of the criminal penalties.
If an immigrant violates any immigration laws, it is likely that removal proceedings will be initiated. The most common violations are visa and passport related, such as staying in the country beyond the time limits of a visa.
Getting a cancellation of removal is an option for both lawful permanent residents (green card holders) and non-permanent immigrants. Some of the requirements for a stay of deportation are outlined below.
For lawful permanent residents, getting a cancellation of deportation is possible if the following requirements are met:
For temporary US immigrants, there are a different set of requirements for cancellation of removal:
The requirements can vary depending on the circumstances of the removal, and there may be other options to terminating a removal proceeding.
There are many strategies for stopping a deportation that your attorney should be able to use. Some of the options are getting asylum protection or attempting to get an adjustment of status.
For immigrants that can establish a well founded fear of persecution in their home country, it may be possible to apply for asylum protection. Asylum can be granted on the basis of persecution for religious beliefs, race, nationality, social group or political opinion.
An Adjustment of Status (AOS) grants an immigrant permanent resident status, and can be used as a defense to deportation for those immigrants who qualify. Some of the requirements include an available visa number, petitioning family member or employer and that the immigrant is admissible per current immigration laws. Unlike a usual adjustment of status which is applied for through the department of homeland security, persons in deportation proceedings must apply for AOS before an immigration judge.
There are many options for fighting a deportation or removal proceeding that are outside the scope of this article. If you need advice regarding a deportation proceeding, only an immigration attorney can provide it to you. Always consult with an immigration lawyer regarding any immigration law issues.