Deportation Proceedings

The consequences of deportation are enormous and can affect your ability to stay in the U.S. A negative decision against you in an Immigration Court can affect your ability to ever return to the U.S. Hiring a knowledgeable immigration attorney can help you prevent that

The most common removal proceeding is governed by section 240(a) of the Immigration and Nationality Act. It refers to removal proceedings on grounds of inadmissibility and on grounds of deportability. When somebody is in removal proceedings, he/she will receive a copy of a Notice to Appear. The case is then assigned to an Immigration Judge who will review the case and make a decision.Representation at deportation hearings in an effort to keep you or your loved one from being deported from the country. The consequences of deportation are vast and can affect your ability to return legally to the United States for many years.Through competent representation at a deportation hearing, some of these consequences may be avoided, or under very limited circumstances deportation can be averted. Representation at deportation hearings in an effort to keep you or your loved one from being deported from the country. The consequences of deportation are vast and can affect your ability to return legally to the United States for many years.Through competent representation at a deportation hearing, some of these consequences may be avoided, or under very limited circumstances deportation can be averted. Representation at deportation hearings in an effort to keep you or your loved one from being deported from the country. The consequences of deportation are vast and can affect your ability to return legally to the United States for many years.Through competent representation at a deportation hearing, some of these consequences may be avoided, or under very limited circumstances deportation can be averted.

The individual in removal proceedings has certain rights, including (1) the right to counsel at no cost to the government; (2) the right to present evidence; (3) reasonable opportunity to examine evidence; (4) right to cross-examine opposing witnesses; (5) a complete record of all testimony and evidence produced at the hearing; and (6) the right to appeal the Immigration Judge's decision.

If the individual is found to be removable, there are, sometimes, forms of relief available. Some of the most common forms of relief are:

Adjustment of status: If the individual was admitted to the US after inspection(or is otherwise eligible for adjustment) and has a qualifying relationship with a relative or employer, the individual may apply for adjustment of status. The Department of Homeland Security reviews the visa application  and if the visa is approved, then the Immigration Judge decides on the adjustment of status.

Cancellation of Removal for Permanent Residents: A Permanent Resident may seek cancellation of removal if he has been a permanent resident for at least five years, has resided continuously in the U.S. for at least 7 years (in any lawful status) and has not been convicted of an aggravated felony.

Cancellation of Removal for Non-Permanent Residents: An alien who is inadmissible or deportable, may apply for cancellation of removal if he has resided in the U.S. for at least 10 years immediately before the application, has had good moral character during the 10 year period, has not been convicted of an offense under section 212(a)(2), 237(a)(2) or 237(a)(3) and there is an exceptional and extremely unusual hardship to his U.S. citizen or permanent resident spouse, parent or child, and has no conviction for certain types of crimes.

Voluntary Departure: Voluntary departure requires an individual to leave the U.S., but is generally preferable to a removal order. Voluntary departure prior to the conclusion of proceedings requires that the individual show the ability to leave the U.S. at his own expense, that he has not committed or been convicted of an aggravated felony, that he waives his right to appeal and makes no additional request for relief.

Asylum: An applicant for asylum must prove that he is unable or unwilling to return to his home country because of past persecution or a well-founded fear of future persecution on account of race, religion, nationality, political opinion or membership in a particular social group.

Deferred action: The individual can put their case on hold while they attempt to set things right. This option carries a higher burden, as the individual needs to provide evidence to convince the judge to stay the proceedings.