What Are Common Grounds For Deportation Or Removal?
If you are a non-citizen, meaning that you are a legal permanent resident or have some sort of temporary non-immigrant visa, or if you are undocumented in the country, you can become subject to removal from the country. The Immigration and Nationality Act (INA) defines the grounds of inadmissibility or removability. Inadmissibility meaning you are not authorized to enter or remain in the United States. Removability meaning you are authorized to be in the United States but have violated a section of INA that now makes you subject to removal. One of the most common things that will get someone deported is the commission of a criminal offense. There are certain kinds of criminal convictions that result in automatic removal. An arrest or conviction for aggravated felonies, crimes of violence, controlled substance violations, and crimes involving moral turpitude can all make a person subject to removal. Many types of other crimes can lead to someone ending up with their status compromised or the government taking steps to remove them from the country.
Acts such as misrepresentation, making a false claim to US citizenship, making false statements to obtain other immigration benefits, and marriage fraud are also grounds for removal. Another very simple ground is just being present in the country without papers. That fact is enough for the government to start formal removal proceedings against an individual. There is a broad range of areas where a person can find themselves in deportation proceedings.
Who is Subject To Deportation Or Removal?
Anyone who is a non-citizen can be deported. If you are a permanent resident of the United States, if you hold a non-immigrant visa, or if you are undocumented, you are subject to deportation.
What Waivers Are Available For Someone Facing Removal Proceedings?
Different waivers and other forms of relief from removal are available depending on an individual’s status in the country. A legal permanent resident or someone who entered the country legally may have different waivers available to them than someone who is completely undocumented. Individuals who don’t have any legal status in the country can often ask for cancellation of removal, if they have been present in the US for more than 10 years, have qualifying relatives and proving their deportation will result in extreme, unusual, and unacceptable hardship. The less status you have, the more narrow your options for waivers become.
What Is Required To Be Granted Asylum?
To be granted asylum, you need to meet the definition of a refugee. A refugee is a person from another country who has fled that country because they were being persecuted on account of one of five protective grounds: race, religion, nationality, membership in a particular social group or political opinion. If you are able to prove that you have suffered past persecution on account of one of these five protective grounds or that you have a well-founded fear of future persecution on account of one of the aforementioned grounds, you meet the definition of a refugee and you can ask to be granted asylum.
What Is Withholding Of Removal Or Deportation?
Withholding of removal is a special type of formal relief that allows people who cannot ask for asylum because they have some criminal history or prior immigration history, such as prior deportations or orders of removal. You are asking immigration to withhold your removal from the United States because you are afraid of being persecuted upon your return to your home country.
What Is An Affirmative Application Process? What Is My Attorney’s Role?
An affirmative application process is when a non-citizen, who is not in removal proceedings, files an application to obtain some sort of immigration benefit. The most common is the application for permanent residency, which is a US citizen or permanent resident petitioning for their family member to join them in the United States. During our initial consultation we identify the qualifying relationship, review any immigration/criminal history and determine whether an application is viable or if it is necessary to wait.
When Is Adjustment Of Status To Permanent Resident A Viable Option?
Adjustment of status to permanent residence is viable whenever we have a non-citizen who has a qualifying relationship with a US citizenship relative and that person is admissible on all grounds. You have, for example, a non-citizen spouse who comes into the country with a visitor visa and gets married to a US citizen husband. At that point, she meets all the criteria for adjustment of status to permanent residence. You need to have a qualifying relative, who will make an immigrant visa available to you, and you need to show that you are otherwise admissible into the United States.
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