deportationAt the Law Offices of Diron Rutty, LLC, our focus is on helping you to understand the Deportation and Removal Proceeding and to carefully analyze the process involved when deciding on the numerous reliefs available. Deportation or Removal may force you to leave the United States, and once you leave, it may be very difficult to return legally in the future. While in Removal, immigration authorities must provide proof that you meet the requirements for their request to remove you from the United States. However, you have the opportunity to defend your immigrant rights vigorously.

TOP REASONS YOU MAY RECEIVE A DEPORTATION/REMOVAL NOTICE

The government can use many reasons to order you deported (action commenced prior to April 1, 1997) or removed (action commenced after April 1, 1997) from the United States. U.S. Immigration and Customs Enforcement (ICE) can deport anyone who is not a U.S. citizen and the ones who are legal permanent residents. Hearings are held at immigration courts, which are located in most major cities throughout the U.S.

The reasons that a person may be placed in removal proceedings are for having committed certain types of crime, marriage fraud, or a previous history of immigration problems, such as denied applications, document fraud, and unlawful presence. Your visa application could be denied unless you can demonstrate to immigration officers that a significant hardship will result for you and your family. Most of the grounds fall into three categories.

  • Committing a Crime
    One of the most common reasons for deportation is a criminal conviction for certain types of crimes, such as aggravated felony, domestic violence, or a crime of moral turpitude (CMT) committed within five years of admission, if the prison sentence was for at least one year or two CMTs which did not arise out of a single scheme of criminal conduct.

    If you are not a citizen, it’s unlikely that you’ll be released from prison at the end of your sentence, since ICE has the authority to put a hold on your release. It is possible to remain in prison until the immigration judge decides your case.

  • Bad Behavior
    Conduct-based grounds of Removal include things like drug or alcohol addiction and minor misdemeanors, such as disturbing the peace. You will have the opportunity, while in removal, to present witnesses who will attest to your good character, despite some instances of human error.
  • Deficient Paperwork, Unlawful Entry or Fraud and Misrepresentation
    The most common reason a person can be deported is for entering the country unlawfully or violating the terms of their visas after entering the U.S. legally. Entering unlawfully include entering without inspection, such as by stowing away on a ship or crossing a border or using fake documents to gain entry into the U.S.

Another common reason for deportation includes errors with or violations for document fraud, marriage fraud or obtaining a green card through fraud or misrepresentation. Failing to renew your green card or visa, falsely claiming to be a United States citizen, or helping to smuggle other aliens into the U.S. can lead ICE to start removal proceedings.

THE DEPORTATION/REMOVAL PROCESS AND FORMS OF RELIEF

The foreign national will be required to appear at the immigration court for a master calendar hearing at which time the charges against him or her are read and a request for relief from removal/deportation or extension of time may be made. In certain circumstances, the foreign national is arrested and held in detention. In these cases, it may be possible to apply for a bond to be released during the removal proceedings process. 

The process begins when the government files a notice to appear (NTA). This document details the reasons for the removal. At the Law office of Diron E. Rutty, we assist clients in seeking remedies involving waivers and relief from removal, including the following:

  • Adjustment to Permanent Resident Status: Non-immigrants who qualify can apply for adjustment of status while in deportation.
  • Cancellation of Removal: Exist for certain permanent resident and non-immigrant. Certain permanent residents subject to removal may qualify for cancellation or a waiver if they have been present in the United States for at least seven continuous years, have had lawful permanent resident status for at least five years, and have never been convicted of an aggravated felony. Permanent residents and non-LPRs may also be able to avoid deportation by demonstrating that it would cause exceptional hardship to their immediate family members who are U.S. citizens or LPRs.
  • Waiver of Inadmissibility: For Alien Smuggling and for fraud and misrepresentation of a material fact at the time of admission may be given for aliens who meet the requirements.
  • Political Asylum: Individuals who face a well-founded fear of persecution based on race, religion, political opinion, nationality or membership in a particular social group in the foreign national’s home country even if they are currently under deportation proceedings.
  • Withholding of Removal: To be eligible, a person must show that – more likely than not – their life or liberty would be threatened based on their race, religion, nationality, membership in a specific social group, or political belief upon their return to the intended country of removal. An order granting Withholding of Removal stops the removal process.
  • Temporary Protected Status (TPS): Nationals of certain designated countries who have been deemed deportable may be allowed temporarily to stay in the United States until conditions in their home countries improve. Deportation may continue, once TPS is lifted.

The law surrounding grounds for deportation is complicated, and the facts of each case are always unique. Representation in removal proceedings is amongst the most intricate processes in immigration law. At The Law Offices of Diron Rutty, we will attend your hearings at the immigration courts and detention facilities and prepare all your applications for relief. We encourage you to contact us at your earliest convenience so that we may review your case and help you to determine your best strategy.

If you have been ordered to be deported following a deportation hearing, an appeal to the Board of Immigration Appeals (BIA) may allow you to remain in the country while your appeal is pending. In some cases, you may even be allowed to remain free during this period.

Contact our experienced immigration lawyers in New York City and Poughkeepsie at (718) 324-0404 or (845) 849-9201, use the form at the right, or email us at info@DironRuttyLLC.com for solutions to your immigration problem.