Deportation, also known as removal, is the process by which a foreign national is removed from the United States for violating immigration laws. Removal proceedings can be initiated by the United States Citizenship and Immigration Services (USCIS), U.S. Immigration and Customs Enforcement (ICE), or the Department of Homeland Security (DHS).
In this article, we will take a closer look at removal proceedings and what you can do if you or someone you know is facing deportation.
Grounds for Removal
There are several grounds for removal, including but not limited to:
- Overstaying your visa or remaining in the U.S. beyond the expiration date on your I-94 Arrival/Departure Record.
- Violating the terms of your visa, such as working without authorization or attending school without a valid student visa.
- Committing a crime, including both misdemeanors and felonies.
- Entering the U.S. illegally, such as crossing the border without inspection.
- Failing to maintain lawful status, such as failing to extend your visa or change your status when required.
The Removal Process
Once removal proceedings are initiated, you will receive a Notice to Appear (NTA) from the government. This document will include the reasons for your removal and the date, time, and location of your hearing. The hearing will be held in front of an immigration judge, who will determine whether or not you should be removed from the United States.
During the hearing, you will have the opportunity to present evidence and argue your case. You may also be eligible for relief from removal, such as asylum or cancellation of removal. If the immigration judge orders your removal, you may appeal the decision to the Board of Immigration Appeals (BIA) and then to the federal courts if necessary.
What to Do if You are Facing Removal
If you or someone you know is facing removal proceedings, it is important to seek the help of an experienced immigration attorney as soon as possible.
An attorney can help you understand your options and represent you during the removal process. They can also help you prepare and present evidence that supports your case and argue for relief from removal.
It is important to remember that removal proceedings can be a lengthy and complicated process.
If you are placed in such a proceeding, please contact our law firm so we may set up an appointment and help you navigate through your situation.