In this article, you can learn about:
- How you can stop the deportation process for a loved one.
- Who is at risk for deportation and removal – and why.
- What you can do if a Cancellation of Removal is denied.
What Is The Most Common Reason For Deportation Or Removal From The United States?
The most common reason for deportation and removal from the U.S. is Entry Without Inspection. In other words, this means that a person has tried to or has successfully entered the U.S. without a visa.
The second most common reason is that a person has committed one of a few certain crimes.
There are three offenses that U.S. Citizenship and Immigration Services (USCIS) refers to as a Crime of Moral Turpitude. They include: violent crimes, financial crimes, and drug-related crimes.
Any offense of these three crimes will put you in the path of Immigration and Customs Enforcement (ICE). At which point, if you are apprehended, ICE will place you into removal proceedings.
What Is The Difference Between Removal And Deportation?
The terms removal and deportation are generally used interchangeably.
Typically, the courts use the term “Removal Proceedings” to describe the process of determining whether a person will be deported from the U.S.
Meanwhile, deportation is the specific act of removing someone from the U.S.
The Process of Deportation and Removal
It’s important to know that if you receive a Notice to Appear from the U.S. Department of Homeland Security, you are at risk for deportation.
A Notice to Appear must be served to the person it concerns. It instructs them to appear in court at a specific date and time.
If you or anyone you know receives a Notice to Appear, it’s crucial to contact a lawyer as soon as possible.
Is There Anything That Can Be Done To Stop My Family Member’s Removal Proceedings?
There are some options available to family members who want to save their relatives from deportation.
Depending on the situation, some of the options to avoid deportation may include:
- Cancellation of Removal
- Application for Asylum
- Special Immigration Juvenile Status Applications
- A Sponsor’s Visa Petition
- And more . . .
If someone you care about has received a Notice to Appear, or is facing deportation, get in touch with an immigration attorney as soon as possible. Your deportation defense lawyer can go over all the options and help you create a strategy to stop the removal proceedings.
Is There Anything That Can Be Done If Cancellation Of Removal Is Denied?
There are options such as an appeal of a denial of Cancellation of Removal.
Cancellation of Removal is a court proceeding. Therefore, if it is denied, you would appeal that decision to the Board of Immigration Appeals. If it is denied again, you can appeal it further at the Circuit Court.
The appeals process can be complex, and any mistake in the process can cost you precious time and money. Contact Cancellation of Removal lawyer Adrienne Moore to get started today.