What is the Removal Process?
One of the most frightening and arguably unfair legal processes in the United States are deportation proceedings. Many immigrants get notification for the removal process and face the real possibility of being split up from their US-based family, friends, and obligations. For those facing deportation, it’s important to know your legal options. With an experienced deportation lawyer representing your case, you can challenge the removal orders, which may cancel deportation altogether.
Before we go any further, though, it’s important to know just what the deportation process is.
If the U.S. government has charged or ordered your deportation or the deportation of a loved one, it did so because it firmly believes that a law or rule has been violated. Many deportation charges or orders are related to the decision to enter the United States illegally or overstaying past the expiration of a valid Visa. However, the U.S. Government makes a lot of mistakes.
Too often, the D.H.S. gets away with making mistakes, because people give up too fast and the law is not always as clear as it may seem to the Immigration Court without a carefully planned argument. Some appeals have allowed immigrants to stay in the United States for the rest of their lives.
Others, however, may be charged and eventually forcibly removed for being denied asylum, ignoring deadlines, immigration fraud, or committing crimes. Depending on the civil immigration charge, offense, or action, certain removals may result in expedited removal processing, which speeds things along to get the immigrant or visa holder out of the country much faster. Those facing expedited, final or reinstated removal orders may not be given the time to present a defense. Some can be ordered removed immediately at the airport or border without a judge.
For those facing ordinary or non-detained removal court, you will be given at least one hearing. The government provides no lawyer. You must find or hire your own attorney. Otherwise, you must represent yourself (self-representation is not advised). In the initial hearing, the respondent is given the opportunity to present a legal defense or apply for relief from removal.
Additional hearings are likely to follow. The case can temporarily be taken off the schedule for months or years,then suddenly set for a hearing. You must properly update your address within 30 days before moving. The process may take years, but for some, this may be their only opportunity to stay in the United States.
You may eventually get a hearing to present testimony and evidence to a judge as your attorneys present their legal arguments. You may not! Ultimately, the judge will decide your fate. You stand a much better chance of winning the case and maintaining your freedom in the United States with a lawyer like Kevin Dixler representing your case.
What Causes Deportation Proceedings?
Aggravated felonies can result in immigrants losing their right to reside in the USA. Committing such a serious crime may also result in individuals losing the right to file for waivers or reentry.
Examples of aggravating felonies which may result in deportation include:
- Aggravated battery.
- Child pornography.
- Drug trafficking.
- Human trafficking.
- Money laundering and other white-collar crimes.
- Rape and sexual assault.
- Theft and burglary.
- Violent crimes like arson
Are You Eligible for a Cancellation of Removal?
Removal orders can be handed down for both those with Green Cards (lawful permanent residents) and those without. The chance and means by which defendants may defend or cancel removal proceedings may differ depending on their lawful permanent residence (LPR) status.
Green card holders may qualify for cancellation of removal if they can establish that they’ve had their green cards for at least five years, have lived continuously in the US for seven years, have no convictions for what are defined as aggravated felonies by Congress/courts, and merit relief as a matter of discretion. This is a balancing of all the facts involved, so each matter is decided individually as a matter of discretion based upon the evidence presented, facts, and testimony presented by the green card holders and their attorneys..
Requirements for non-permanent residents differ slightly. Instead of seven years of continuously living in the US, they must have lived in the US for an entire decade or more. Additionally, they must show that their deportation would cause “exceptional and extremely unusual hardship” to them or their families. They must also be of good, upstanding moral character with no disqualifying criminal violations.
There is a quota or cap for non-permanent resident cancellations each year, so some will have to wait for years on administrative hold for action, even if their hearing is over.. These visas are scarce. Hire a deportation attorney to help your case, explain the situation, make recommendations, and intervene when necessary.
What is Meant By ‘Continuous Presence’ and How Can it Help Your Case?
Once an immigrant steps onto American soil, a clock begins counting their ‘continuous presence’ within the country’s borders. A long streak of continuous presence can help an individual’s case if the government decides to deport them later.
Despite this name, the clock may continue if you take international trips. So long as your total time away does not exceed more than 90 days at a time, the continuous presence clock will resume upon your return instead of restarting from 0.
In addition, if you decide to leave, re-enter, and/or get caught, you create OTHER PERMANENT BARS to other lawful means to eventually seek a green card. Seek an appointment with attorney Kevin Dixler if you are too tempted to further damage your immigration future. Know the consequences before departing the U.S. There may be other options.
What Type of Extreme Hardships Might Cancel Deportation?
Those without green cards may be able to cancel removal proceedings if they can successfully prove that they may face ‘exceptional and extremely unusual hardship’ if forcibly removed and sent back to their country of origin. This burden is challenging to prove with or without a lawyer’s legal guidance.
Immigration judges will consider your claims of hardships based on how they will worsen the lives of specific citizen or green card holding immediate relatives living in the US, the conditions inside the country they’d be forced to return to, any financial impact to those immediate family members, and the availability of adequate medical care outside of the US. for immediate family members who must return with the immigrant.
What Other Legal Options Are Worth Considering for How to Prevent Deportation?
Other legal options potentially worth exploring include:
- A Notice to Appear was not given/sent to the defendant.
- A notice of the actual court date was never received from the court by the attorney or immigrant.
- Asylum, withholding, or refugee status.
- Extreme cruelty from a US spouse, fiancee, or relative victimized the immigrant.
- The charges are incorrect.
- The DACA or TPS programs may protect the immigrant.
- The immigrant is now married to a U.S. citizen based upon a verifiable good faith relationship.
- The immigrant may face torture if forcibly sent back to their home country.
- Voluntary departure.
Schedule a Confidential Consultation with an Experienced Deportation Attorney
Schedule an in depth case evaluation with highly regarded, peer recognized, immigration lawyer Kevin Dixler to discuss your deportation case today. Lawyers are not provided to defendants by the Federal government in immigration law cases and must be hired by the defendants themselves.
While no outcome can be guaranteed in any courtroom case, the success rates for immigrants facing deportation dramatically improve with legal representation by experienced immigration attorneys on their side. To learn more about the attorney’s services, schedule an appointment by contacting us today.
Every consultation is secure and confidential. Contact us today at 312-728-4610.