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DEPORTATION-REMOVAL DEFENSE

DEPORTATION & REMOVAL PROCEEDINGS

There are many reasons people are placed into deportation or removal proceedings. Because of the complexity of the immigration laws and the procedural rules in Immigration Court, it is important to obtain legal representation early on in this type of case.

Prior to April 1, 1997, an alien was either placed in exclusion or deportation proceedings, depending on whether the alien made an entry into the United States. However, the Immigration laws changed in 1996, and the new laws abolished the term “entry” and replaced it with the term “admission.” Additionally, proceedings were no longer referred to as “exclusion or deportation” proceedings. Instead, the proceedings are now collectively referred to as “removal proceedings.”

In a removal proceeding, the Immigration Judge makes a determination of whether the alien should be removed based on a ground of “inadmissibility,” or a ground of “deportability.” This determination generally turns on whether the alien has been “admitted” into the United States. For instance, if an alien is placed in removal proceedings and he has not been “admitted,” he will be charged with a ground of “inadmissibility” pursuant to section 212 of the Immigration and Nationality Act. However, if the alien has been “admitted” and is placed in removal proceedings, he will be charged with a ground of “deportability” under section 237 of the Act.

Removal proceedings against an alien are initiated when the U.S. Citizenship and Immigration Services (USCIS) files the Notice to Appear (NTA) with the Immigration Court. On the NTA, the USCIS will lodge the charge of removability against the alien. Once the alien is placed in removal proceedings, the alien will have an opportunity to appear before the Immigration Court to challenge the charge of removability and apply for various forms of relief such as cancellation of removal, waivers for charges of inadmissibility, adjustment of status, asylum, withholding of removal, protection under the Convention Against Torture and voluntary departure. Eligibility for each of the listed relief varies according to the statute, the charge of removability lodged, and the personal situation of each alien.

A. Grounds of Inadmissibility

The following grounds of inadmissibility under section 212 of the Act are the ones most frequently charged on the NTA in removal proceedings:

  • Crimes Involving Moral Turpitude (CIMT);
  • Drug Crimes;
  • Controlled Substance Traffickers;
  • Multiple Criminal Convictions

a) Two or more non-political offenses;
b)Confinement to five years or more;
c)Regardless of whether or not convictions occurred in a single trial or scheme of misconduct;

  • Aliens Present Without Permission or Parole

a)The alien has the burden of proving admission;
b)EXCEPTION: Battered women and children are not subject to removal if present without admission or parole and can meet the requirement to self-petition. INA § 212(a)(6)(A)(ii);

  • Fraud;
  • Alien Smugglers;
  • Lack of Documentation upon attempted admission;
  • Aliens Unlawfully Present in the U.S.

Exceptions:

  • Minors, asylum applicants, family unity beneficiaries, battered women and children are not inadmissible.
  • An alien who is the spouse, son, or daughter of a U.S. citizen or lawful permanent resident may apply for a waiver if he can show that the qualifying relative will suffer extreme hardship if the waiver is not granted.

B. Grounds of Deportability

The following are charges of deportability pursuant to section 237 of the Act that are commonly lodged by the USCIS on the NTA:

  • Inadmissible at time of admission or adjustment of status;
  • Violation of non-immigrant status;
  • Termination of conditional permanent residence

This occurs when the alien and his/spouse fails to file a joint petition to remove the condition at the end of the 2 years subsequent to becoming a conditional permanent resident;

  • Smuggling;
  • Marriage Fraud;
  • Conviction of Crime Involving Moral Turpitude (CIMT) within 5 years of admission where the sentence imposed may have been for 1 year or more;
  • Two (2) CIMT Convictions
  1. Not arising out of a single scheme of misconduct;
  2. Requires separate criminal acts;
  • Aggravated Felony;
  • Controlled Substance Conviction;
  • Drug Abusers and addicts deportable at any time after admission;
  • Firearms Offenses;
  • Crimes of Domestic Violence, Stalking, and Violations of Protection Orders.

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Alexey PankinAlexey Pankin
04:44 04 Dec 23
I recently had the pleasure of working with the incredible lawyers at Root Law Group, notably Daria. From my initial consultation until the successful resolution of my case, their expertise, professionalism, and dedication made a profound impact.
Zara IsmailovaZara Ismailova
14:11 30 Nov 23
Mihran StepanyanMihran Stepanyan
19:09 14 Nov 23
Working with this highly professional team made difficult and long process of applying for EB-1 GreenCard easy, clear and fast. I felt calm and confidently on every step. I really appreciate all the hard work and patience that Khaled Kaoud shared while working with me. He was always available and answered every possible question that I ever had. Also thanks to Igor, William and Daria for help and support during the working on my case. Working with Root Law Group was the best decision I did. And I undoubtedly recommend this professional, reliable and perfect team!
Georgi GrigoryanGeorgi Grigoryan
22:31 07 Nov 23
I am a business owner and operator abroad and I came to Root Law Group looking for immigration help. They told me that I was able to apply for EB2-NIW and they worked on my case nonstop. Even when USCIS requested more evidence, Daniel guided me throughout the entire process and helped ease my worries and concerns was an extremely helpful paralegal. After months of waiting, I was granted the I-140 Approval! I am extremely thankful for all the work Root Law did for me and super excited for adjustment of status when I become current. I look forward to working with Daniel, William and the entire team when that time comes and highly recommend their immigration services! This team cares and will try everything possible for your needs.
grigory ioffegrigory ioffe
18:05 01 Nov 23
I recently received approval for my visa application and would like to express my gratitude to Root Law, especially Igor for his excellent management, and Khaled for his legal assistance and guiding through the whole process.I want to acknowledge that despite several other lawyers suggesting that I had no chance of obtaining the visa, these professionals made it possible.
Artyom DavtyanArtyom Davtyan
23:21 20 Oct 23
Root Law's team is great, they did our case in just two months.Especially Igor and Khaled, thanks guys for the professionalism, care and dedication to your work. You studies every detail of the case and due to it it was done quickly.Will advise Root Law to my friends and relatives for sure
Melanie HusryMelanie Husry
01:32 28 Sep 23
After seeing such amazing reviews on Root Law Group I just knew I had to work with them. All the attorneys here are amazing and so helpful. I’m so happy with myexperience and for anyone looking for fast and helpful attorneys this is your place! Thank you so much for your patience with me Root Law Group it was a pleasure being your client!
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