If you have been ordered, expelled, deported or excluded, you may file an appeal with the Board of Immigration Appeals (BIA) and end your deportation or removal. If you have received a Notice to Appear (NTA) from the Department of Homeland Security (DHS) alleging that you are removed (deportable) from the U.S. UU. Being ordered to appear in immigration court is definitely scary, but it also gives you the opportunity to present a defense before an immigration judge.
You could even request forms of relief that aren't available outside of the courtroom. Why does DHS want to get him out of the United States? Broadly speaking, the most likely reasons include criminal convictions and unauthorized presence in the United States. However, it's first important to realize that DHS sometimes makes mistakes, so look closely at the allegations listed in the NTA. For example, it's your date and method of entry into the U.S.
Listed correctly? Does DHS Allege You Committed a Crime? If yes, has the crime been classified correctly? These are all important questions as you prepare to fight the accusations against you. What actually constitutes a crime involving moral turpitude or an aggravated felony is a topic of ongoing discussion within the U.S. UU., S. This is because crimes themselves rarely carry these labels.
It's about matching state criminal law with these federal definitions. Therefore, it might be possible to prove that a crime does not match the particular category claimed by DHS, perhaps by carefully examining the language of state law, or by establishing the facts and circumstances surrounding the crime and arrest. For example, you may be able to prove that there was no violence involved in the crime in your file and that, therefore, it should not qualify as an aggravated felony. Similarly, there are limited exceptions to the possibility of expulsion for crimes involving moral depravity.
The key is to know what those exceptions are and submit them to the immigration judge. Because of the complexity of these issues, it would be good for you to consult with an immigration attorney who also has experience in criminal law matters. Each of these options has its own set of grading criteria. However, these options are not available to everyone.
If it is finally discovered that you have been convicted of an aggravated felony or a terrorist offense, you will surely be deported, with no help available. Getting one or more of these forms of relief granted requires compiling extensive documentation and then convincing the immigration judge that you not only qualify for relief under applicable immigration laws, but that you deserve it as well. Even if you meet the basic legal requirements, granting it is at the discretion of the immigration judge. See our section on Asylum for more information on these forms of relief.
If you are unable to successfully dispute DHS allegations and do not have any relief from removal available to you, a final alternative to being deported is to seek permission to voluntarily leave the United States, on your own. In other words, you would organize and pay for your own trip, within a certain time. This way, it usually has fewer legal consequences than an actual removal order. Most importantly, your record will not have a recall order, leading to an automatic ban on re-entering the U.S.
For several years, and the exact number depends on the reason you were expelled in the first place. However, you should not request voluntary departure without first determining if there is any other form of relief available. There are different stages of the expulsion process during which voluntary departure can be requested. The stage at which you apply affects the requirements, as well as the amount of time you will be allocated to settle your personal affairs.
For example, if you ask to leave voluntarily at the first immigration court hearing (the master calendar), it is much easier to qualify and you will be allocated more time to leave than if you request it after the full individual court hearing has taken place. If, despite your best efforts, you are ordered to be removed from the U.S. You can stay in the U.S. It is not possible to guide you to successfully fight deportation through this or any other article.
Immigration laws are a tangled web and the penalties for not understanding and using them to your advantage are high. Unfortunately, the government does not offer lawyers to immigrants facing deportation. They'll have to hire and pay for one themselves. You may feel that the immigration judge in your case made an incorrect decision based on a misinterpretation of immigration laws or new developments in the law.
In this situation, you can file a motion for reconsideration with the immigration court. Immigration regulations set a 30-day deadline from the date of your deportation order to file a motion for reconsideration. This motion should detail why the immigration judge in your case applied the law incorrectly and made incorrect conclusions about the facts and evidence in your case. After you have received a deportation order, you may discover important facts or evidence that you did not have access to in your original proceeding, or you may learn that conditions in your home country have changed in such a way that you have a genuine fear of returning.
If the judge rules in favor of deportation, a deportation order is issued to provide the legal capacity to enforce the deportation. In other words, any new facts or evidence you have discovered must be genuinely relevant to your original deportation order or provide some form of relief that you were not previously aware of. For those living in the United States who are suspected of having arrived with inadequate documentation, have been convicted of crimes, are found to be a threat, or have violated a legally issued visa, the deportation process involves more. However, having a lawyer who is competent and fluent in the defense of deportation, in particular, is likely to make the procedure much more efficient.
Any non-U.S. citizen can be ordered deported, which means that even if they hold a green card, they are not exempt from being expelled from the country by the government. In certain situations, you may be able to ask the immigration judge in your proceedings to reopen your case and review a deportation order. In the unfortunate event that you challenge deportation and lose, a judge will issue a deportation order.
Deportation lawyers provide help and competence in deportation proceedings by filing all documents and providing essential proof of the candidate's qualifications. The Immigration and Nationality Act (INA) allows immigration judges to waive the removal or deportation of immigrants provided that particular conditions are met. A lawyer can help you understand your rights and make sure you receive due process before you are deported. Removal (deportation) hearings are among the most serious types of legal proceedings, because deportation can eliminate a person's right to re-enter the U.
There are a variety of reasons why an immigrant can be issued a deportation order and subject him to deportation proceedings in immigration court. . .
