Removal, also known as deportation, is the legal process in which a non-U.S. citizen is removed from the United States and transported back to their country of origin.
Examples of the most common grounds listed for deportation include:
- Abusing or Developing an Addiction to Drugs: A non-U.S. citizen who abuses or who has become addicted to drugs may be removed from the United States. Additionally, a non permanent resident may also be removed if they have been convicted of more than one drug crime;
- Committing Green Card Fraud: A non-U.S. resident who commits fraud, or enters into a fraudulent marriage with the intent to deceive an immigration officer in order to obtain a green card, is also subject to removal;
- Failing to Obey the Terms Of a Visa: Non-U.S. residents must obey specific requirements and conditions when temporarily living in the United States on a visa. As such, failing to comply with any of those requirements or conditions will be grounds for removal.
- For example, an immigrant who moves to a new residence in the United States must notify the USCIS within 10 days from when they officially changed their address;
- Collecting Public Assistance: A non-U.S. resident who requires public assistance from the U.S. government, within five years from the date that they first arrived, may also be removed from the U.S. However, the non-U.S. resident may show that they qualify for an exception, or under one of the waiver conditions;
- Violating Immigration Laws: A non-U.S. citizen who violates immigration laws, such as lying about their immigration status or remaining in the country after their visa has been revoked, may also face removal; and
- Being Convicted of Certain Crimes: A non-U.S. citizen who has been convicted of certain crimes may be subject to removal from the United States. Examples of crimes that may lead to deportation include:
- Crimes of moral turpitude;
- Aggravated felonies;
- Domestic violence offenses;
- Crimes that involve the trafficking of drugs, humans, and/or weapons; and/or
- Crimes that involve sabotage, treason, sedition, and/or espionage against the United States.
Importantly, the grounds for removal may often be improper or incorrect. As such, a non-U.S. citizen going through the removal process may have relief from deportation or removal. Such matters will require the non-U.S. citizen to prove why they have a legally valid reason to remain in the United States.
There are also some situations in which a non-U.S. citizen who is at risk of being removed from the United States may qualify for an exception or a waiver of removal. It is important to note that if a non-U.S. citizen is removed from the United States, they may not be able to return for a period of 10 years or longer. Additionally, the non-U.S. citizen could also potentially face other consequences as well.
As such, if you are a non-U.S. citizen who is in danger of being removed from the United States, you should immediately consult with a local immigration lawyer for further advice. An immigration attorney can help protect your rights as an immigrant, and can help you determine whether any legal defenses, waivers, or exceptions may apply.
What Is Withholding of Removal?
Withholding of removal is a special type of order from an immigration court that is a mandatory form of protection extended to refugees who are in danger of being persecuted based on their race, religion, nationality, political opinion, or membership in a particular group in their home country. Thus, withholding of removal is similar to asylum, where there are protections from a person being deported to a country where they fear persecution, but is a more limited protection.
It is important to note that withholding of removal is not available for refugees who have been convicted of an aggravated felony or another criminal offense that is considered to be a serious crime. However, if an individual meets the criteria for withholding removal they will be granted a stay of removal.
What Are Some Different Forms of Relief from Removal or Deportation?
As mentioned above, relief from removal is an action taken by an individual going through the removal or deportation process that either delays their removal or prevents them from being removed altogether.
Relief from removal generally falls under one of two categories:
- Discretionary Relief; and
- Administrative/Judicial Relief.
Discretionary relief is a form of relief from removal that is available while removal proceedings are being conducted. Administrative and judicial relief is a form of relief that is available after removal hearings have already been concluded.
Examples of common forms of discretionary relief from removal include:
- Voluntary Departure: Voluntary departure is where the alien is allowed to leave the United States on their own freewill, rather than being deported.
- Importantly, voluntary departure may allow the non-U.S. citizen to re-enter in the U.S. in the future after a certain amount of time has passed;
- Cancellation of Removal: Cancellation of removal is a relief from removal that is only granted to certain individuals who qualify by meeting all of the requirements for the relief.
- Examples of the list of requirements include continuous residency requirements, no criminal record, and demonstration of extreme hardship;
- Adjustment of Status: An adjustment of status occurs when the immigration judge allows an individual to change their status from non-immigrant to that of lawful permanent resident; and/or
- Asylum: As mentioned above, asylum is another relief from removal that is granted in limited circumstances where the alien would face severe political persecution if they returned to their country of origin.
It is important to note that if an individual is unsuccessful in discretionary relief from removal, then appealing a removal decision should also be considered. Whether a removal order can be appealed depends on the grounds in which the removal was ordered. For example, if a person’s removal has been ordered because they committed a crime of which they have already been convicted, then appealing a removal decision is not possible.
However, if an appeal is possible, then a person who has been ordered removed must file an appeal to the U.S. Board of Immigration Appeals (“BIS”) within 30 days of the immigration judge’s decision in their case. Then, BIS will review the immigration court’s decision.
Is Relief From Removal Automatically Granted?
In short, no. Relief from removal is not automatically granted. Typically, the person being summoned for removal proceedings will need to specifically request for relief from removal from either the judge or the immigration panel.
An individual may do so by submitting an application for relief from removal either at or prior to the removal proceeding.
Do I Need an Immigration Lawyer for Relief from Deportation or Removal?
As can be seen, relief from deportation or removal is a process that allows an alien to be excused from removal, but the process can oftentimes be a difficult one. As such, if you or someone you know is going through the deportation or removal process, it is important to immediately consult with an experienced immigration lawyer.
An experienced immigration lawyer will be able to assist you in seeking relief from deportation or removal. Further, an attorney will also be able to represent you at any in person proceedings.
