Removal Proceedings
What Are Removal Proceedings?
Removal proceedings, commonly called deportation, are the legal processes by which the U.S. government seeks to expel a non-citizen from the United States. The removal process involves determining whether an individual should be deported back to their home country based on violations of U.S. immigration laws. Although the terms “removal” and “deportation” are often used interchangeably, “removal” is the official legal term used in court proceedings.
Deportation occurs in three key stages:
- Initiation of removal proceedings: The U.S. Department of Homeland Security (DHS) issues a Notice to Appear (NTA) in immigration court.
- Issuance of a deportation order: If the immigration judge finds the person removable, they may issue an order of removal.
- The act of deportation: If no defense is successfully raised or appeal granted, the individual is physically deported from the U.S.
Common Triggers for Removal Proceedings
Several actions or conditions can lead to the initiation of removal proceedings. Under 8 U.S.C. § 1227, common reasons for deportation include:
- Violation of green card status: Failing to adhere to the conditions set for lawful permanent residents.
- Marriage fraud: Entering into a marriage solely for immigration benefits.
- Overstaying a visa: Remaining in the U.S. past the expiration date of your visa.
- Unauthorized presence: Living in the U.S. without proper legal immigration status.
- Criminal activity: Convictions of certain crimes, including drug offenses, fraud, or violence.
- Inadmissibility: Being found inadmissible during adjustment of status or entry into the U.S.
Many other circumstances may trigger removal proceedings. Most often, Immigration and Customs Enforcement (ICE) accuses non-citizens of violating immigration laws, which then starts the deportation process.
How Do You Know If You Are in Removal Proceedings?
Applying for a TN visa involves several important steps. Although the process can vary slightly based on the U.S. embassy or consulate, the general steps are as follows:
If you are placed in removal proceedings, you will receive a Notice to Appear (NTA) from the Department of Homeland Security. This official document details the reason for removal and informs you of your upcoming hearing in immigration court.
To check the status of your case, you can visit the Executive Office for Immigration Review (EOIR) website. By entering your Alien Registration Number (A-number), you can access your immigration court records, including pending hearings or decisions.
What Are Your Options to Avoid Deportation?
If you are facing deportation, you must understand that you have options. Several forms of relief from removal may be available depending on your specific circumstances, such as:
- Adjustment of status: You may qualify to adjust your status to lawful permanent resident (green card holder).
- Cancellation of removal: Certain non-citizens may apply for cancellation of removal based on specific criteria, such as continuous residence or hardship to a U.S. citizen relative.
- Asylum or withholding of removal: If you fear persecution in your home country due to race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum.
- Voluntary departure: Instead of facing a formal deportation, you may request permission to leave the U.S. voluntarily.
- Waivers: Some immigration violations can be forgiven through a legal waiver, allowing you to avoid removal.
How a Deportation Defense Attorney Can Help
Navigating removal proceedings is complex, and the consequences are severe. A skilled deportation defense attorney can make all the difference in your case. The attorneys at 360 Immigration Law Group will work with you to develop a strong defense strategy, explore all possible relief options, and represent you throughout the entire process.
We are dedicated to helping clients across all 50 states, U.S. territories, and globally. Whether you need assistance in English, Portuguese, or Spanish, our experienced team is ready to help. Call 360 Immigration Law Group at 954.667.3660 to schedule free consultation. We are available by phone, Zoom, or WhatsApp and are committed to defending your right to stay in the U.S.