Tuesday, April 15, 2014
Major deportation policies and conditions that result in removal proceedings
The federal government of the US has the right to order removal of any immigrant not a citizen of the United States. Anyone who is not native to the United States or a naturalized citizen of the country can be asked at any point in time to leave the country by the government for violating certain provisions of the Immigration and Naturalization Act. This process is termed a deportation, also referred to as removal.
There are many conditions under which an immigrant could have a removal proceeding filed against him. Below are a few policies associated with deportation or removal.
In case a visa holder in the country violates his non permanent resident status or any of the conditions of entering the country, he can be ordered removed or deported. If you or anyone you know is facing any such legal troubles, suggest they hire the best immigration lawyer in queens. Removal is a complex procedure with many legal complications, so it’s best to let an expert handle it.
If a visa holder is facing deportation, he will be required to defend himself against the charges in immigration court.
Committing serious criminal activities remains the biggest reason behind green card holders being removed from the country. If you have been convicted of certain crimes, then chances are you may no longer stay in the country.
Other actions that may trigger removal would be failing to enter the United States without clearing customs; failing to make changes with the non-permanent resident status; encouraging other immigrants and helping them enter US illegally; using false documents to enter the country; endangering public safety; and involvement in activities that may risk the country’s national security.
If you are facing removal proceedings, you will be given a notice to appear (NTA). The notice contains all the details and the reason(s) charging your removal. You can then challenge the proceeding by hiring a deportation lawyer.
Whether or not you can hire a lawyer would be decided in the first hearing. After hiring one, another hearing is scheduled during which the lawyer presents documents to fight on the behalf of his client. If the judgment turns out to be in favor of immigrant, the orders to removal proceeding will be dismissed.
Thursday, April 3, 2014
The process involved in deportation!
The US Government may decide to deport an individual out of the country. The procedure begins with issuing an NTA, or the Notice to Appear, to that person to be deported. The NTA contains all the information regarding the person’s nationality, how he entered the country, and his current status in terms of immigration.
The NTA acts like an indictment stating all the reasons as to why the person is being removed from the country. The person is also sent a notice confirming the date of hearing. If the individual fails to attend the hearing he will be ordered removal.
If you know somebody who has received such a notice, it is crucial to immediately contact one of the good New York based state attorneys that specialize in defending foreign nationals stuck in removal proceedings and deportation. The lawyer will work through the entire process and will also fight for your rights.
Removal proceedings are a judicial process. The first step determines whether the person is deportable. The second step determines whether the person is eligible for any type of relief from removal. All of this is done through a series of court hearings and finally, an individual hearing, or trial.
The Individual Hearing: ICE (immigration and custom enforcement) presents arguments and evidence to the judge explaining why the person is subject to removal as per country’s immigration laws. There are many reasons and grounds on which a foreign national could be deported.
A few of these include criminal convictions, overstaying in the country despite visa expiration, lying to the US Government, possible involvement in terrorist activities, and violation of immigration status or visa. If the person entered the country without being inspected he is also liable to be deported.
After the government has presented its case, the person will have an opportunity to present their side and why they are not deportable and/or are eligible for relief. Relief can come in the form of adjusting the immigration status to that of a permanent resident, asylum, withholding the removal, cancellation of removal, and waivers of the offence which made the person liable for removal initially.
Whether the person will be leaving or staying would also depend on how well the defending lawyer fares. If the judge decides in favor of the Government, the foreign national will be ordered deported. If an order of deportation is entered against the person, they will be barred from reentering the country for a period of 20 years.
The NTA acts like an indictment stating all the reasons as to why the person is being removed from the country. The person is also sent a notice confirming the date of hearing. If the individual fails to attend the hearing he will be ordered removal.
If you know somebody who has received such a notice, it is crucial to immediately contact one of the good New York based state attorneys that specialize in defending foreign nationals stuck in removal proceedings and deportation. The lawyer will work through the entire process and will also fight for your rights.
Removal proceedings are a judicial process. The first step determines whether the person is deportable. The second step determines whether the person is eligible for any type of relief from removal. All of this is done through a series of court hearings and finally, an individual hearing, or trial.
The Individual Hearing: ICE (immigration and custom enforcement) presents arguments and evidence to the judge explaining why the person is subject to removal as per country’s immigration laws. There are many reasons and grounds on which a foreign national could be deported.
A few of these include criminal convictions, overstaying in the country despite visa expiration, lying to the US Government, possible involvement in terrorist activities, and violation of immigration status or visa. If the person entered the country without being inspected he is also liable to be deported.
After the government has presented its case, the person will have an opportunity to present their side and why they are not deportable and/or are eligible for relief. Relief can come in the form of adjusting the immigration status to that of a permanent resident, asylum, withholding the removal, cancellation of removal, and waivers of the offence which made the person liable for removal initially.
Whether the person will be leaving or staying would also depend on how well the defending lawyer fares. If the judge decides in favor of the Government, the foreign national will be ordered deported. If an order of deportation is entered against the person, they will be barred from reentering the country for a period of 20 years.
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