Deportation / Removal

Deportation and Removal Procedures

Immigration removal proceedings are daunting; you don’t want to face them without a good lawyer by your side. To decrease the deportation process timeline and possibly even avoid the USA deportation process, call on the expert immigration attorneys at Kats Immigration Law. They represent you through the entire deportation vs. removal process, hopefully landing on a strategy that keeps you out of trouble and in the country.

What Are Deportation and Removal Procedures?

Deportation, which is also called removal, refers to the involuntary removal of a foreign national from the United States because of a violation of immigration laws. During the USA deportation process, the non-citizen may go before a judge in immigration court. If the judge rules that the non-citizen should be deported, you may be able to appeal. Different types of deportation and removal proceedings include:

• Withholding of removal
• Convention Against Torture
• Cancellation of removal
• Denaturalization process
• Unauthorized employment
• Consequences for smuggling undocumented immigrants
• Consequences of illegally crossing the border
• Voluntary departure
• Removal defense

Immigration laws in the United States can be difficult to understand, and if you’re facing deportation and removal procedures, it’s important to consult an experienced and reputable immigration attorney for professional assistance with removal defense and presenting your case to a judge. The best choice in the Brooklyn and Manhattan area is Alina Kats of Kats Immigration Law. And you can begin the vital representation with a virtual consultation.

What Are Some Reasons for Deportation?

There’s no difference in deportation vs. removal, since both refer to forcing an immigrant to leave the country. You may face deportation for many different reasons. Some of the most common reasons for facing deportation and removal procedures include:

• Criminal convictions. If you’re convicted of certain crimes, you may face deportation. Examples of these crimes include domestic violence, child abuse, crimes against the government, aggravated felonies and drug offenses.
• Violating immigration laws. Removal may be a consequence of illegally crossing a border, overstaying a visa or fleeing an immigration checkpoint.
• Committing marriage fraud or using fraud to obtain a green card is grounds for removal.
• Threat to public safety. Actions that may be considered threats to public safety such as threatening violence or terrorism acts can lead to deportation.
• Illegally possessing, buying or selling firearms can lead to removal.
• Drug abuse. Substance abuse is grounds for removal even if there’s been no conviction of drug charges.
• Unauthorized employment. Working beyond the terms of your visa or working without authorization can have serious consequences, including deportation. Your visa could be revoked, and you may not be able to gain re-entry into the U.S. in the future.
• Smuggling someone into the country. Deportation is one of the possible consequences of smuggling undocumented immigrants.

Honesty is extremely important for immigrants who want to become permanent citizens. Even after you become a citizen, your citizenship can be revoked through a denaturalization process if it’s discovered that you obtained citizenship illegally. Removal proceedings may be started if you fail to tell immigration authorities about a change of address within 10 days.

How Does Deportation Work?

When a noncitizen breaches U.S. immigration laws or if it’s discovered that an individual doesn’t have valid immigration status, removal proceedings begin. The process is overseen by the Department of Homeland Security (DHS). The steps involved in immigration removal proceedings include:

• Notice to Appear (NTA). An NTA is filed, which is a document that contains information about which laws or rules were broken. It includes instructions to appear before an immigration judge.
• First hearing. At the first hearing, the immigration judge asks if you need time to find a lawyer, and if so, the hearing is rescheduled.
• Review of information. Once an immigration attorney has been found, the judge verifies the information on the NTA and evaluates whether you’re eligible for relief from removal.

The immigration judge can issue an order of removal if they decide that you should be deported. You then have 30 days from the date of the decision to appeal to the Board of Immigration Appeals (BIA). Certain situations such as conviction of a felony make an immigrant ineligible for relief.

The deportation process timeline can vary widely, but it’s usually not something that happens overnight unless removal is expedited. The process from start to finish typically ranges from a few weeks to more than a year. Those who cross the border illegally without a valid visa can be subject to expedited removal without being able to appear before a judge.

Are There Ways to Fight Against Deportation?

There are a few options that may be used as a removal defense to seek relief from deportation for those who are eligible. Your immigration attorney finds the most suitable claims that apply to your situation, which may include:

• Asylum. This type of relief protects you from being returned to your home country if you’re facing persecution there.
• Withholding of removal. This is an alternate form of protection if you don’t qualify for asylum. It provides temporary relief but doesn’t provide a path to citizenship.
• Convention Against Torture. This form of protection prevents you from being returned to a country where you may face torture, but you may be removed to a country outside the U.S. where you wouldn’t face torture.
• Cancellation of removal. This allows some non-citizens who have been in the U.S. for several years without committing any crimes to get an adjustment of status from deportable to permanent residents.
• Voluntary departure. If you don’t qualify for relief options, you may choose voluntary departure. This means you voluntarily leave the U.S. without going through immigration removal proceedings, which means you may be able to return to the U.S. in the future.

Strong legal representation makes the difference for whether you’re able to successfully fight against being deported. Contact Kats Immigration Law today to schedule a consultation.