There are many reasons people are placed into deportation or removal proceedings. Because of the complexity of the immigration laws and the procedural rules in Immigration Court, it is important to obtain legal representation early on in this type of case.
Removal proceedings against an alien are initiated when the U.S. Citizenship and Immigration Services (USCIS) files the Notice to Appear (NTA), alleging a particular charge of removability, with the Immigration Court.
Once you are placed in removal proceedings, you will have an opportunity to appear before the Immigration Court to challenge the charge of removability and apply for various forms of relief.
Cancellation of Removal
Waivers for Charged Inadmissibility
Adjustment of Status
Withholding of Removal
Protection under the Convention Against Torture
Eligibility for each listed relief varies according to the statute, the charge of removability lodged, and the personal situation of each person.
Inadmissibility & Deportability
During the removal proceeding, the Immigration Judge makes a determination of whether you should be removed based on a ground of “inadmissibility,” or a ground of “deportability.” This determination generally turns on whether you have been “admitted” into the United States. For instance, if you are placed in removal proceedings and have not been “admitted,” you will be charged with a ground of “inadmissibility” pursuant to section 212 of the Immigration and Nationality Act. However, if you have been “admitted” and placed in removal proceedings, you will be charged with a ground of “deportability” under section 237 of the Act.
A. Grounds of Inadmissibility
The following grounds of inadmissibility under section 212 of the Act are the ones most frequently charged on the Notice To Appear in removal proceedings:
- Crimes Involving Moral Turpitude (CIMT)
- Drug Crimes
- Controlled Substance Traffickers
- Multiple Criminal Convictions
- Two or more non-political offenses
- Confinement to five years or more
- Regardless of whether or not convictions occurred in a single trial or scheme of misconduct
- Aliens Present Without Permission or Parole
- The alien has the burden of proving admission
- EXCEPTION: Battered women and children are not subject to removal if present without admission or parole and can meet the requirement to self-petition. INA 212(a)(6)(A)(ii)
- Alien Smugglers
- Lack of Documentation upon attempted admission
- Aliens Unlawfully Present in the U.S.
Minors, asylum applicants, family unity beneficiaries, battered women and children are not inadmissible.
An alien who is the spouse, son, or daughter of a U.S. citizen or lawful permanent resident may apply for a waiver if he can show that the qualifying relative will suffer extreme hardship if the waiver is not granted.
B. Grounds of Deportability
The following are charges of deportability pursuant to section 237 of the Act that are commonly lodged by the USCIS on the NTA:
- Inadmissible at time of admission or adjustment of status
- Violation of non-immigrant status
- Termination of conditional permanent residence
- This occurs when the alien and his/spouse fails to file a joint petition to remove the condition at the end of the 2 years subsequent to
becoming a conditional permanent resident
- Marriage Fraud
- Conviction of Crime Involving Moral Turpitude (CIMT) within 5 years of admission where the sentence imposed may have been for 1 year or more
Two (2) CIMT Convictions
- Not arising out of a single scheme of misconduct
- Requires separate criminal acts
- Aggravated Felony
- Controlled Substance Conviction
- Drug Abusers and addicts deportable at any time after admission
- Firearms Offenses
- Aggravated Felony
- Crimes of Domestic Violence, Stalking, and Violations of Protection Order
If you are faced with the potential loss of your permanent residence status, removal for lack of permanent residence status, applying for asylum, seeking a waiver of deportation allegations, or seeking a lawyer for any other removal and deportation defense service, contact us.