Deportation is the act of removing a foreign national from a country where their presence is unlawful. Deportation occurs when the U.S. government discovers that an individual has either entered the U.S. illegally, overstayed their visa, or violated United States laws. See https://www.usa.gov/deportation for further information about deportation. This article discusses why someone may be placed in deportation proceedings, and a breakdown of the steps they can take to be granted relief.
Different Types of Deportation
There are a variety of reasons why an individual may be placed in deportation proceedings. A common reason why someone may be placed in deportation proceedings is because they violated the terms and conditions of their non-immigrant status. For example, if someone enters the United States on a visitor’s visa and overstays their allowed length, they have violated the terms and conditions of their non-immigrant status. Another common reason why an individual may be placed in deportation proceedings is because they have entered into a fraudulent marriage to gain their citizenship. See https://www.uscis.gov/scams-fraud-and-misconduct/report-fraud for more information regarding immigration fraud. Any crimes or activities that endanger public safety can also pose a risk to your nonimmigrant status and may potentially get you deported. Crimes that involve moral turpitude or any aggregated felony charge carry harsh consequences.
When someone is placed in removal proceedings, they receive a Notice to Appear, or (NTA). An NTA lists all the allegations and laws that make an individual deportable. There will also be proceedings before the immigration court. A bond hearing is held if the individual is in Immigration and Customs Enforcement (ICE) custody. See https://www.ice.gov/detention-facilities for information regarding ICE detention facilities.
The next stage in the removal process is a master hearing. At this hearing, the individual will admit to, or deny the allegations against them. They will also have to inform the immigration judge of any relief from deportation they are actively seeking. One of the most common ways to obtain relief is by being granted asylum. See https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum for more information regarding asylum. Another method is through adjustment of status or legalization and registry. If the judge determines that you are not eligible for relief, you will have to depart the United States. See https://www.ice.gov/remove/removal for more information regarding removal.
The judge will then schedule another hearing called an individual hearing. During this hearing, the individual has an opportunity to provide testimony, have their family and any witnesses testify, and have their immigration attorney present evidence in support of their deportation relief. The attorney from the Department of Homeland Security will also have an opportunity to present opposing evidence. After reviewing all the evidence presented and hearing all the testimonies, the immigration judge will determine whether or not the individual may remain in the United States.
At The Law Office of Yifei He, PLLC, our lawyer has years of experience helping clients overcome a wide range of legal barriers. With our attorney by your side, you can navigate this process with efficiency and confidence.
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