
It can be frustrating, overwhelming, and intimidating to face deportation, but you’re not alone. Removal defense protects your right to stay in the United States and fight against the possibility of deportation. Whether relating to immigration status violations, criminal charges, or other immigration laws, you must first understand the removal process to secure your future.
What Is Removal Defense?
Removal defense is a legal process consisting of strategies to protect immigrants in the United States from being deported. Immigration law violations like overstaying a visa, unauthorized entry, or certain criminal convictions are among the most common reasons people face removal proceedings. These cases are initiated by U.S. Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE).
Grounds for Removal
Illegal entry, invalid immigration documents, immigration status violations, data falsification, and overstaying a visa are common grounds for removal. Understanding these grounds is essential because they show how easy it can be to end up in removal proceedings if the rules are not adhered to. Let’s simplify the most common reasons this can happen.
- Violation of Immigration Status: This happens when someone doesn’t follow the rules attached to their immigration status. For instance, working without proper authorization or failing to update immigration authorities after a change in employment.
- Unauthorized entry includes entering the country without a visa, overstaying a visa, or using falsified documents. Such actions can result in deportation, restricted immigration benefits, or even a ban on re-entry.
- Criminal convictions or associations: While not all crimes lead to deportation, felonies like drug trafficking or violent offenses, and sometimes even misdemeanors, can make someone deportable.
- Denial of asylum: If an asylum application is denied for reasons like incomplete paperwork or inconsistencies in testimony, the individual may face removal proceedings.
- Becoming a public charge: In some cases, immigrants who rely heavily on public benefits within their first five years in the U.S. could face removal.
The Removal Process
The removal process involves several critical stages, each requiring careful preparation and often legal expertise. Let us help you break down the process involved in securing your future.
- Notice to Appear (NTA): Notice to Appear (NTA): The removal process usually begins with the issuance of an NTA by Immigration and Customs Enforcement (ICE). It is usually a formal document consisting of the date, time, and location for the first hearing, charges against a non-citizen, and grounds for removal.
- Master Calendar Hearing (MCH): In this initial court appearance, you respond to the charges. An immigration lawyer is crucial at this stage to ensure your rights are protected.
- Individual Hearing: Arguments, evidence, and witnesses are required for submission by the government attorney and non-citizens (or their attorneys) for review by the immigration judge. During this stage, the judge rules whether the non-citizen qualifies for relief or should be removed.
- Ruling by the Immigration Judge: The outcome could include granting relief for removal or issuance of removal. Note that non-citizens still have an appeal option. Decisions are issued based on the arguments presented and evidence from the parties.
- Appeal and execution for removal: The removal process is executed when appeals are waived. At this point, a non-citizen can request involuntary departure to avoid formal removal by ICE or await its consequences.
Consequences of Removal
The consequences of removal are enormous. It affects the non-citizen and extends to their family, potential future interactions, and communities. These consequences, amongst others, include a bar to re-entry, which could be permanent or temporary, loss of immigration benefits, stigma in the home country, waivers, and pardon.
Forms of Relief from Removal
If you are facing deportation, there are options you need to consider:
- Waivers
- Cancellation of Removal
- Withholding of Removal
- Protection Under the Convention Against Torture (CAT)
- Adjustment of Status
- Asylum
How Removal Defense Can Benefit You
A life-changing benefit removal defense offers;
- Removal defense offers you the opportunity to stay in the U.S. legally.
- Removal defense also helps you acquire work authorization and the possibility of a green card.
- It provides an opportunity to reunite with family members.
- It allows you to travel outside the U.S. without fear of being barred from re-entry.
- Immigration/Public benefits
Why Choose Us?
At the Center for U.S. Immigration Services, we help one navigate the complexities of the immigration process. With over 10 years of experience, we have successfully built a team of experienced immigration attorneys who are invested in your dreams and aspirations as a non-citizen of the state, irrespective of your race, religion, or status.
Whether you need help with asylum applications, cancellation of removal, or criminal defense strategies tied to immigration cases, we’ve got you covered. Don’t face this challenge alone; let us guide you every step of the way.
Take the Next Step Towards Contacting an Immigration Lawyer Today!
Do you need an immigration lawyer to help you build a strong case? We at the Center For U.S. Immigration Services (CFUIS) are here to serve you. Let’s fight for your right to stay in the U.S. and build the future you deserve.