Procedure of Deportation from the United States
The procedure of deportation is a very complicated one in the U.S. It is much more than simply turning someone away.
When an immigrant staying in the US legally or illegally receives a deportation notice, confusion begins. Having sound knowledge about the process can help the immigrants in clearing the doubts regarding the removal proceedings.
The starting of Deportation Process:
The deportation process, more popularly known as the "removal proceedings," starts with the receiving of a notice from the Department of Homeland Security. It is known as a Notice to Appear. It normally contains the information like, the immigrant's name, the immigrant's home country, the date of appearing before an immigration judge, the reason of ordering the immigrant to appear before an immigration judge, how the immigrant has acted illegally, the immigrant's right to an attorney must be paid by the immigrant, the consequences of failing to appear at the hearing, etc.
The Hearing of Deportation:
The second step in the deportation process is appearing at the removal hearing on the date specified. At the hearing, the immigration judge determines whether the immigrant should be removed from the US, as well as whether the immigrant is entitled to get any relief from removal.
If the immigrant is entitled to get any relief from removal, he or she might file an application to extend his or her period of stay in the US. If the immigrant is not eligible, he or she has to deport from the US.
Relief from deportation:
There are many types of relief from removal. An immigration lawyer at a removal hearing can help the immigrant choose the type of removal relief available to him or her.
Some of the common types of relief are: (i) Adjustment of Status, (ii) Asylum and (iii) Cancellation of Removal.
The deportation process is a very complicated one, and immigrants should know the options available to him or her. Appointing a competent immigration lawyer is the best way to deal with the deportation process.
Grounds of deportation:
A non-citizen is "removed" when:
(i)A person who entered the country on a temporary visa which
has expired;
(ii)A person who has entered the country illegally;
(iii)A person who has violated immigration laws prevailing in U.S.;
(iv)A long-time immigrant who having a green card has committed a crime or have committed a crime in the past;
(v)A person has made a false claim of U.S. citizenship for receiving any benefit under the immigration laws.
Cancellation of deportation:
In order to apply for Cancellation of Removal the immigrant must satisfy the following:
(i) has to be a legal permanent resident for at least five years;
(ii) has to be a continuous resident of the U.S. for at least seven years;
(iii) should not have been convicted of an aggravated felony during his lifetime ; and
(iv) should not be a security risk for the United States.
When an immigrant staying in the US legally or illegally receives a deportation notice, confusion begins. Having sound knowledge about the process can help the immigrants in clearing the doubts regarding the removal proceedings.
The starting of Deportation Process:
The deportation process, more popularly known as the "removal proceedings," starts with the receiving of a notice from the Department of Homeland Security. It is known as a Notice to Appear. It normally contains the information like, the immigrant's name, the immigrant's home country, the date of appearing before an immigration judge, the reason of ordering the immigrant to appear before an immigration judge, how the immigrant has acted illegally, the immigrant's right to an attorney must be paid by the immigrant, the consequences of failing to appear at the hearing, etc.
The Hearing of Deportation:
The second step in the deportation process is appearing at the removal hearing on the date specified. At the hearing, the immigration judge determines whether the immigrant should be removed from the US, as well as whether the immigrant is entitled to get any relief from removal.
If the immigrant is entitled to get any relief from removal, he or she might file an application to extend his or her period of stay in the US. If the immigrant is not eligible, he or she has to deport from the US.
Relief from deportation:
There are many types of relief from removal. An immigration lawyer at a removal hearing can help the immigrant choose the type of removal relief available to him or her.
Some of the common types of relief are: (i) Adjustment of Status, (ii) Asylum and (iii) Cancellation of Removal.
The deportation process is a very complicated one, and immigrants should know the options available to him or her. Appointing a competent immigration lawyer is the best way to deal with the deportation process.
Grounds of deportation:
A non-citizen is "removed" when:
(i)A person who entered the country on a temporary visa which
has expired;
(ii)A person who has entered the country illegally;
(iii)A person who has violated immigration laws prevailing in U.S.;
(iv)A long-time immigrant who having a green card has committed a crime or have committed a crime in the past;
(v)A person has made a false claim of U.S. citizenship for receiving any benefit under the immigration laws.
Cancellation of deportation:
In order to apply for Cancellation of Removal the immigrant must satisfy the following:
(i) has to be a legal permanent resident for at least five years;
(ii) has to be a continuous resident of the U.S. for at least seven years;
(iii) should not have been convicted of an aggravated felony during his lifetime ; and
(iv) should not be a security risk for the United States.
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