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Common reasons for deportation include, but are not limited to:
Overstayed visa
False claims of citizenship
Violations of immigration law, such as marriage fraud
Aggravated felony conviction
Firearm offenses
Domestic violence
Crimes involving moral turpitude
Other immigration law violations
Cancellation of removal allows you to adjust your status from “deportable” to “lawfully admitted for permanent residence” during deportation proceedings.
The three main types of cancellation of removal include:
Cancellation Of Removal for Permanent Residents (Form EOIR-42A)
Cancellation of Removal for Permanent Residents applies to Green Card holders under certain conditions: 5+ years of lawful permanent residence status, having continuously resided in the USA for 7 years in any status, no aggravated felony, and no past removal reliefs.
Cancellation Of Removal for Non-Permanent Residents (Form EOIR-42B)
Cancellation Of Removal for Non-Permanent Residents applies to non-permanent residents under the following conditions: 10+ years of physical presence in the US, no disqualifying criminal convictions, proof of good moral character and evidence that an immediate relative will suffer exceptional hardship if the non-permanent resident leaves the country.
VAWA Cancellation of Removal (Form EOIR-42)
VAWA Cancellation of Removal (also known as special rule cancellation of removal) applies to children and spouses who do not have lawful permanent residence and who have suffered violence by a parent or spouse who is a US citizen or unlawful resident applies to you?
Removal proceedings, or deportation, typically includes the following steps:
The Department of Homeland Security (DHS) sends you a Notice to Appear (NTA).
The immigration court holds an Initial Hearing (also known as a Master Hearing) where DHS officials explain why you should be deported.
The court holds an Individual Hearing (known also as a Merit Hearing) where you can present proof for relief from removal and adjustment of status.
The immigration judge decides on your deportation.
Both you and the DHS have the right to appeal the judge’s decision before the Board of Immigration Appeals (BIA).
If you lose your appeal before BIA, you can appeal before the Federal Circuit Court of Appeals
If you lose your appeal before the Federal Circuit Court, you can appeal to the US Supreme Court.
Deportation, also known as removal, is the formal process by which the government removes a foreign national from the U.S. for violating immigration or criminal laws.
Any non-U.S. citizen, including green card holders (lawful permanent residents), can be deported if they violate specific immigration or criminal laws.
Grounds for deportation can include entering the U.S. without proper documentation, overstaying a visa, committing certain crimes, immigration fraud, or posing a threat to national security.
Removal defense refers to the legal strategies and proceedings used to contest and prevent an individual’s deportation from the U.S.
Typically, a deported individual faces a period of inadmissibility, meaning they cannot return for a set number of years. The length of this period depends on the reason for deportation. In some cases, it can be permanent.
Cancellation of Removal is a form of relief available to certain non-permanent residents and permanent residents facing deportation. If granted, it can lead to lawful permanent resident status for non-permanent residents.
While having U.S. citizen family members can be a factor in certain types of relief from removal, it doesn’t guarantee protection from deportation. However, it might be considered in arguments based on hardship or other defenses.
A Notice to Appear is the initial document signaling the start of removal proceedings. Anyone receiving an NTA should immediately consult with an immigration attorney to understand the allegations against them and to explore potential defenses.
Navigating the intricacies of immigration can be overwhelming. But we're here to help. Whether you have a simple query or a complex concern, we are happy to help!
