Removal, formerly known as deportation, is a legal procedure that entails sending a foreign-born person back to their country of birth from the United States. For various reasons, a non-citizen may be subject to deportation or removal. These include perpetrating marriage fraud, disobeying their visa rules, or being found guilty of a crime. However, breaking immigration law is typically the most common ground for deportation.
The reasons for removal may occasionally be unsuitable or inaccurate. The foreign-born person must demonstrate a legitimate reason to remain in the United States to make a compelling deportation case demonstrating why the removal process should be halted.
California Immigration will describe how you could prepare for a consultation with a deportation lawyer near me.
Some defences could stop someone who was born abroad from being expelled, like:
Demonstrating their citizenship in the United States (e.g., either through birth, a naturalized parent or grandparent, etc.).
When someone is being deported due to a conviction that is not an aggravated felony, they can ask to have their removal order revoked by proving they have been a legal and permanent resident for minimum 5 years, have lived in the country continuously for seven years, and that they have met other requirements.
They haven't been found guilty of an aggravated crime (e.g., murder, kidnapping, rape, etc.).
When a person is being removed because they admitted guilt to a crime committed before April 24, 1996, they can request a waiver of removal by demonstrating their legal status as a permanent resident, their legal presence in the country for at least seven years, and other factors.
And that they still need to complete a five-year or longer jail term for a serious crime.
Proving they are in the country to look for asylum or to get protection from torture.
Submitting a request for a change in status to become a legal permanent residence (e.g., by marrying a U.S. citizen, having a parent who is a U.S. citizen, etc.).
Obtaining a green card and asking for the cancellation of removal by demonstrating that:
They have lived in the country physically for ten years; they are morally upright; and if they were to be deported, doing so would put their spouse, child, or parent—a valid permanent resident—through an "exceptional" or "severe" suffering.
Demonstrating the existence of a further justification authorized by the Immigration and Nationality Act, such as voluntary departure.
A foreign-born person's chances of avoiding deportation can be improved if they can demonstrate one of the defences in the list above or if they must stay in the country for another good reason.
Along with gathering evidence, a person can strengthen their case by working with a lawyer who specializes in removal cases and is acquainted with the removal procedure. Your deportation attorney can also ensure that you are aware of and that your rights are upheld. If necessary, your lawyer can also assist you in appealing the court's initial decision and represent you at your removal hearing.
If you search online for a “deportation lawyer near me”, you can contact California Immigration for judicial support. Visit the official website to know how they work.
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