B
O
C
DEPORTATION DEFENSE:
BOS Legal 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:
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:
Residents)
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.
permanent resident must satisfy the following:
and
To qualify for Cancellation of Removal the immigrant must satisfy
the following:
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:
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.
BOS Legal 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.
Residents)
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.
permanent resident must satisfy the following:
- • Have 7 years of lawful permanent residence in the
U.S.,
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 of 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
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.
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.
BOGLE
OKOYE
CHANG
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BOGLE & CHANG, LLC
Copyright © 2010 Bogle & Chang, LLC. All Rights Reserved.
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Questions: Deportation Defense
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:
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:
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.
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).
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