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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