The Relief from Removal Process
10.07.2011
The Relief from Removal process can take one of the following paths:
  • Voluntary Departure: Someone who has been found to be removable is permitted to leave the country at his/her own expense by a specified date, but without the stigma of a deportation.

  • Cancellation of Removal: In this case, the judge simply stops the removal process.
     
    • If you are a Lawful Permanent Residents (LPR), then you are eligible for Cancellation of Removal if you meet the following criteria:
                 
      • You have lived in the U.S. continuously for seven years since entering the country.
      • You have been an LPR for at least five years.
      • You have never been convicted of an aggravated felony, are not a terrorist, crewman or exchange visitor.
      • You have never before been granted Cancellation of Removal.

    • If you are not an LPR (i.e. you are an undocumented alien), you must meet the following criteria to be eligible for Cancellation of Removal:

      • You have lived in the U.S. continuously for ten years.
      • You were never served with an NTA during that period and have never been convicted of an aggravated felony.
      • You were a “person of “good moral character” during that period.
      • You can show that your being deported would cause extreme hardship for your spouse, parent or child and that that person is either a U.S. citizen or LPR.
  • Adjustment of Status: This involves changing your status from non-lawful to lawful permanent resident. The following conditions apply:

    • You qualify as “admissible” for permanent residence, as defined by the INA. This means you are free of communicable diseases, have no aggravated felonies on your record and do not pose a terrorist or espionage threat.

    • You must immediately qualify for an immigrant visa. This usually means that an immediate family member who is a citizen or LPR, or your employer, has filed a petition for your visa, and the visa is immediately available, as opposed to having to wait for it to become available.

    • You did not enter the U.S. illegally.

    • You did not violate any restrictions on your temporary visa, if you had one.

  • Asylum: An alien who qualifies as a refugee can apply for asylum. To do this, you must meet the following conditions:

    • You show that you have suffered persecution in the past in your home country, or that you have a well-founded fear of persecution if you return.

    • You file your asylum application within one year of arriving in the U.S. and have not been convicted of a crime.

    • The Department of Homeland Security does not consider you a danger to national security.

  • Other options for appealing include filing a Motion to Reopen or Reconsider, requesting a Stay of Removal, filing for an administrative appeal, or filing a judicial appeal for review by a Federal court.

Conclusion            

Individuals facing deportation proceedings should consult with a legal professional to ensure that their rights are properly and professionally protected. Law Offices of Michael H. Markovitch has successfully handled a wide range of deportation cases. Our office represents a range of immigration law matters including family-based and employment-based immigration, as well as citizenship and naturalization proceedings. If you have any questions or comments, please feel free to email Michael H. Markovitch, Esq. at: Michael@mmlawnyc.com . You can also visit us at: www.immigrationlawyernewyork.com.

The steps involved in the deportation process
10.07.2011
If you are currently facing removal proceedings, or might face them in the future, it is important to know the steps involved in the deportation process. Below is a list of actions to be aware of:
  • The Department of Homeland Security issues a Notice to Appear (NTA), which orders you to appear before an Immigration judge and explains why you have received the notice, what your alleged crime or charges are, that you have the right to hire an attorney, and the consequences for not appearing.

  • The judge might determine that you will in fact not be deported, either because the information in the NTA is incorrect or for some other reason. This determination would end the procedure, sometimes permanently, sometimes temporarily.

  • The judge could determine, however, that you will be deported. In this case, you can apply for “Relief from Removal.”
What To Do If You Are Facing Deportation
10.07.2011

By Michael H. Markovitch, Esq.

Deportation is “the formal removal of an alien from the United States when the alien has been found removable for violating immigration laws.” Until the late 1990s, deportation was separate from exclusion, which meant denying entry into the U.S. In 1997, a federal law combined the deportation and exclusion procedures.

The Immigration and Nationality Act (INA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), provides the framework for the deportation process. The goal of these “removal proceedings” is to determine if a particular non-U.S. citizen will be deported.

There are many possible causes for deportation. Someone can be deported for entering the U.S. illegally, overstaying a temporary visa, falsely claiming citizenship, or being convicted of a crime, among other reasons. In 2010, nearly 400,000 people were deported by the DHS.

The deportation process involves a number of complex steps, procedures, and possible routes for relief. It is important to consult a legal professional to guide you through the removal proceedings and fight for you to stay in the U.S. You can also contact your local bar association to find immigration law specialists and immigration law clinics.

What is the difference between an immigrant and a nonimmigrant visa?
11.12.2009
An immigrant visa grants the privilege of living and working permanently in the United States. A nonimmigrant visa is issued to persons with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis, for example, tourism, medical treatment, business, temporary work, or study.
How can I become a legal permanent resident or green card holder?
11.12.2009
To become a legal permanent resident (or green card holder), you must first be admitted as an immigrant. The most common methods for obtaining an immigrant visa are: 1) through family relationship with a U.S. citizen or legal permanent resident, or 2) through employment.
How do I become a U.S. citizen?
11.12.2009
A person may become a U.S. citizen (1) by birth or (2) through naturalization. Naturalization is the way immigrants become citizens of the United States. In most cases, you must be an immigrant (permanent resident) with continuous residence in the U.S. for a number of years before you may apply for naturalization. If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are a U.S. citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. If you were born abroad to a U.S. citizen parent, you may also be a citizen at birth.

 

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