There are lots of things we need to consider when we face a certain predicament, especially if we are an immigrant and we are on the verge of deportation because of a certain law and immigration process. In this case, we might need a competent lawyer to help us get out of the situation.
Let’s take a look at some of the most important things we need to know about deportation and the laws governing it. This might save a lot of time, money, and effort along the way, so let’s get started!
The Government’s Removal Process
If you have various violations of the immigration laws in the US, the government can automatically expel you, mainly for the reason if you are legally defined as an alien under US law.
Removal process or popularly known as deportation can start at any time if the law finds us violating some of its guidelines. The US government can usually start the removal process for these reasons:
●You have entered the country illegally,
●You have committed a crime, and
●Your temporary visa has expired.
Some grounds for deportation cannot be waived but you may be able to seek a waiver of removal in some circumstances.
This Is What Happens When the US Government Seeks to Deport You
Proper notice must be served to you by the US government to give you time to appear before an immigration judge. There, you can admit or deny that you are subject to deportation and an opportunity for a hearing before the judge will be given to you. You can ask for certain types of relief even if you admit that there are grounds to deport you. One of the examples of that relief is an asylum.
Qualification For An Asylum
●your stay in the US is less than one year,
●you can show that you have been persecuted in the past or have a well-founded fear of persecution in your home country because of race, nationality, religion, political opinion, or membership in a particular social group.
If the judge grants asylum, you are no longer removable and finally, you can apply for a green card after a year. Exceptional hardship for your immediate family can also be claimed if you are qualified. You are the right candidate if:
●You have lived in the US for at least 10 years,
●You are of good moral character, and
●You have children or a spouse who are lawful permanent residents and US citizens.
You may be able to get your green card if the visa is still available if you get relief from deportation. Annually, a certain number of people can get these visas. But when you commit a crime and you can be deported, you might be able to seek a waiver in a few circumstances. You will need to show the positive factors of staying in the country outweigh the crime.
What Happens If You Voluntarily Leave
If you decide to leave the US voluntarily, it may be easier to obtain a visa if you want to go back in the future. But you are not allowed to go back to the US if the US government reports you at its expense rather than your own. You cannot re-enter the country for five years (or 20 years if convicted of an aggravated felony).
This Is What Happens if You Fail to Appear at a US Deportation Hearing
If you didn’t attend your hearing, a removal order might be entered in your absence. You cannot seek some types of relief from removal for 10 years if this happens.
You can visit Legal Language Services for more visa and immigration information.
Based on Materials from University Language Services
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