Deportation and Removal

Bogle & White immigration services include comprehensive
representation in the area of deportation and removal. As a result
of recent changes in the law, many more individuals are now
subject to deportation and removal, even for committing the most
minor offenses. We are capable of handling these matters both in
Immigration Court and U.S. Federal Court.

OVERVIEW
“Removal,” formerly called "deportation", is the process the United
States government has for expelling a non-citizen from the
country. Deportation (Removal) is a legal proceeding in a U.S.
administrative court to determine whether or not an immigrant may
remain in the U.S. Immigrants cannot be deported from the U.S.
without first being given a deportation hearing. Those found to be
deportable are forced to leave the U.S., however, immigrants
have the option to appeal their case. Those who are deported are
barred from returning to the U.S. for at least five years, and at a
maximum for their entire life, unless a special waiver is granted.

GROUNDS FOR REMOVAL:
Non-citizens in danger of being “removed” include:

A person who entered the country on a temporary visa, that
has since expired
A person who has entered the country illegally
A person who has violated immigration laws
A long-time immigrant who has a green card, if they commit
a crime or have committed a crime in the past
Making a false claim of U.S. citizenship in order to receive a
benefit under the immigration laws (even for employment
purposes)

Although a person may be able to seek a waiver of removal in
certain circumstances, there are some grounds for removal the
government will waive.

Relief from Removal
When the government wants to remove someone, they must serve
notice to that person, giving them a certain amount of time to
appear before an immigration judge. At that time, the person can
admit or deny that he or she is “removable,” and is entitled to a
hearing before the judge. Even if the person admits that they are
removable, they can seek certain types of relief from removal
through the judge.

The following are methods for gaining relief from deportation:

Cancellation of Removal (Legal Permanent Residents)
To qualify for Cancellation of Removal the immigrant must satisfy
the following:

• legal permanent resident for at least five

years

• continuous resident of the U.S. for at least seven

years

• never been convicted of an aggravated felony,

and

• is not a security risk to the United

States.

Section 212(C) Waiver of Deportation (Legal

Permanent Residents)

Section 212(c) provides relief for those who maintained

residency in the U.S. for seven consecutive

years. This

provision is still in effect if the non-citizen is deportable or

removable as a result of guilty

pleas, particularly those pleas

taken prior to April 24, 1996. Otherwise, the more strict

standards of

Cancellation of Removal apply.

To be eligible for Section 212(c) relief, a legal

permanent resident must satisfy the following:

• Have 7 years of lawful permanent residence in

the U.S.,

• Pled guilty to a crime before April 24,1996,
and

• Have not been convicted of any aggravated

felony, for which he/she was in jail or prison

for five years or more.

Exceptional Hardship

People of good moral character who have lived in the United

States for at least 10 years and have a

spouse or children

who are U.S. citizens or lawful permanent residents can seek

relief from removal.

They must show that removal would

result in

exceptional and extremely unusual hardship

to the

immediate

family. If relief from removal is granted and a visa

is still available (only a certain number

of people can

get

these visas every year), the person can obtain a green card

immediately.

Waiver

In limited circumstances, a lawful, permanent resident who is

removable because of the commission

a crime can seek a

waiver if it can be shown that the positive factors of staying

in the country

outweigh the crime. Positive factors may

include:

Length of time in the United States
Family ties to this country
Extreme hardship if removed
Good moral character
Rehabilitation
Solid employment history
Health needs

Cancellation of Removal (Non Permanent Residents)
To qualify for Cancellation of Removal the immigrant must satisfy
the following:

• physical presence in the U.S. for a continuous period

of ten years prior to the removal

hearings

• good moral character for ten years

• not a security risk to the U.S., nor deportable under

criminal grounds or marriage fraud or

failure

to register and falsification of documents,

and

• the removal would result in extremely unusual

hardship to the spouse, parent, or child who is a

U.S. citizen or a legal permanent

resident.

Asylum
An immigrant can avoid removal by applying for asylum. To qualify
for asylum the immigrant must prove a well-founded fear of
persecution upon returning to their home country. The cause of
this fear must be based on political opinion, religious belief,
nationality, race, or membership in a particular social group. After
one year as an asylee, the immigrant may be eligible to apply for a
green card.

For more information on asylum, click link.

Adjustment of Status
An immigrant may avoid deportation by applying for an adjustment
of status. A deportable immigrant who is the child, parent, spouse,
or widow of a U.S. citizen may be eligible to apply to the judge to
adjust his or her status to that of a legal permanent resident. An
immigrant whose priority dates for permanent residence are
current may also receive an adjustment of status. A spouse or
child of the principal asylee may adjust to permanent residence
status at the same time as the asylee, unless the asylee becomes
divorced before final adjustment or the child becomes 21. But they
retain their status as asylees. An immigrant who has an approved
labor certification may adjust their status to that of legal permanent
resident.

Violence Against Women Act (VAWA)
The Violence Against Women Act provides increased protection
for immigrant women and children who are victims of domestic
abuse by allowing them to remain in the U.S. This act relaxed
certain standards of cancellation of removal for battered immigrant
women who are the spouses of a U.S. citizen or legal permanent
resident. For example, the amount of time required for being
physically present in the U.S. was reduced to three years.
Furthermore, it allows immigrant women to get a green card even if
they divorced their abusing spouse without satisfying the 2 years
conditional period requirement.

If relief from removal is granted, the person can remain in the
United States as a lawful permanent resident.

Voluntary Departure
A person will be allowed a limited amount of time to exit voluntarily
as opposed to being removed by the government if they:

Have been in the United States for at least one year before
the government seeks removal
Are of “good moral character”
Have the money and willingness to leave the country
voluntarily

Departing voluntarily, rather than at government expense, can
make it easier to obtain a visa to re-enter the United States in the
future. Otherwise, a person who is removed at government
expense is barred from re-entering the country for five years, or 20
years if convicted of an aggravated felony.

Failure to Appear at Removal Hearing
If you don’t show up at a scheduled removal hearing, the court can
issue an “order of removal” which bars you from seeking many
types of relief from removal for 10 years.

FREQUENT QUESTIONS:

Q. What is a deportable crime?
A. Some simple misdemeanors, with no jail time are deportable
offenses.

Q. How long does a deportation proceeding last?
A. It depends. The length of the deportation proceedings can last
from
several months if the immigrant is in custody, to several years if
the immigrant is out of custody.

Q. Can an immigrant leave the U.S. while in deportation
proceedings?
A. In most cases an immigrant may not leave the U.S. while in
deportation proceeding.

Q. If a judge orders deportation (removal from the U.S.)
does the immigrant have to leave the country immediately?
A. After a judge orders deportation, the immigrant has 30 days to
appeal the deportation order. If the immigrant decides not to
appeal, then the INS will notify the immigrant to come to the
deportation center at a given date and he/she will be deported
then.

Q. Can a Legal Permanent Resident work while in
deportation proceedings?
A. Yes. If the Legal Permanent Resident has applied for a relief,
he/she can still work while in deportation proceedings.

Q. Can a non-permanent resident with a work authorization
card work while in deportation proceedings?
A. Yes. If the non-permanent resident has applied for a relief,
he/she can still work while in deportation proceedings.

I was previously ordered deported, but I have not left the U.
S. Is there anything I can do?
You can do one of two things:

1). Apply in the court that issued the order of deportation,

for the court to vacate or cancel the order

of deportation;

2). Apply with the immigration service to waive or cancel

your former order of deportation. If you are

outside of the U.

S., you may request permission from the U.S. Attorney

General to re-enter the

country.

These are extremely complicated procedures and their success
depends on the individual history and circumstances of the person
applying. Consult an attorney to evaluate if it makes sense to
purse any of these options.

If I am in removal proceedings, can I renew my work
authorization?
In some situations you can. For example, if you were:

1). Paroled (or permitted to enter) into the U.S. for the

purpose of applying for asylum.

2). If you have an asylum claim pending, for which you were

previously issued employment

authorization.

3). If you are eligible for TPS

4). If you have a residency petition through employment

(note: while you are eligible, the

Immigration Service may

refuse to issue work authorization, as the regulations have

not clearly

defined the procedure).