Carmen Gallardo
Deportation is an old practice that consists of the expulsion of a foreign national from a place or country. All countries reserve the right to deport foreigners. Deportation in the United States is arranged by an immigration judge without any penalty imposed, and managed by USCIS and Customs Enforcement. It usually requires a simple, legal process that should be validated by a court.
The United States has one of the highest numbers of illegal immigrants. Here, we mention some of the circumstances or common reasons that potentially lead to a deportation or removal proceedings:
The process of Deportation has different steps. It starts with a notification and ends with the removal order. The Immigration and Nationality Act regulates Removal Proceedings when an alien should be deported.
The process begins at the time the Department of Homeland Security opens the deportation process by issuing a Notice to Appear document. This document contains some information such as your name, the country in which you were born, the reason why you have been ordered to appear and the explanation of how you by allegation broke the law.
The day of the hearing the judge can decide whether the immigrant will be deported for the reasons stated in the notice, or may be given an opportunity to make his defense and apply for relief from removal. Another hearing will be held if the immigrant is eligible.
If the judge grants the opportunity to undertake the defense, the person can use as resources one of the different types of relief from removal such as cancellation of removal, seeking asylum, adjustment of status, voluntary departure, or judicial appeal administrative appeal.
The immigration removal process may be granted if the lawful permanent resident has lived 7 years in a row after being admitted to the country, has never been convicted of a felony, has not been a terrorist or a member of a crew or exchange visitor, and never before has submitted a cancellation of removal.
If the person is not a lawful permanent resident, he/she should prove that has lived in the country for the last 10 years and has not committed serious crimes. He/she should prove a good moral character and if deported, this can cause irreversible damage to family members who are either US citizen or lawful permanent resident.
The Political Asylum may be granted to the foreigner qualifying as a refugee. The person should be able to show that if a return to the country of origin may suffer persecution, physical injury or death, due to skin color, religion, membership of a particular social or political convictions group and others.
Adjustment of Status occurs when the Immigration and Nationality Act consents the change of an alien’s immigration status from non-immigrant or parolee to permanent immigrant once the person was inspected, accepted and conditionally granted permission to enter into the United States; and must satisfy all the requirements for a Green Card.
In order to start the process for Adjustment of Status, you need to determine the immigrant category that better fits you. This includes a petition on your behalf by a family member using form I-130, Petition for Alien Relative; or employer filing the form I-140, Petition for Alien Worker or obtaining a refugee or asylum status among others.
The Voluntary Departure or Voluntary Deportation is another resource that the person facing deportation proceedings can choose without the final order of removal. If the individual willfully departs within the schedule assigned by the court, he/she will be able to legally re-enter the country in the future and enjoy other immigration benefits.
The process of deportation usually takes about 160 days. Following deportation, the individual will not be able to return to the United States for a period that can range from 5 years to a negative lifetime for those who committed a felony. But the law gives us the opportunity to request a waiver to re-enter the country before the end of the term time. But a waiver is never granted to those who were deported for committing a felony.
Gallardo Law Firm has been representing clients with a high level of knowledge with regards to immigration law. Gallardo lawyers are qualified in Immigration and Nationality Law. They will fight to preserve their legal rights. The Immigration Attorney at Gallardo Law Firm dedication and determination have made possible that many people remain in the United States after facing immigration matters such as removal proceedings, naturalization, provisional waivers, and others. They also have legal support online in the website that knows about deportation laws, advising customers of their rights.
If you or any family member is facing deportation from the United States it is eminent that you consult a lawyer. Call us today; we will greatly assist you in responding to your inquiry.
