If you’re faced with deportation for one reason or the other, you may be able to seek relief during or after the removal proceedings.
REMOVAL PROCEEDINGS WHILE OUTSIDE THE COUNTRY
Imagine receiving an ominous letter in your mail. A lot of words appear, but you only understand one thing – The United States government wants to deport you.
While you may not be clear on the specifics, you do know one thing for sure – This is bad news. You begin to wonder what happened, what’s happening, and what’s going to happen. At this point, anxiety and stress sets in.
What you need to do is calm your nerves and steel your resolve. Right now, what you really need is an explanation. Knowledge is power. The government is expecting you to be confused, weak, and scared. Don’t lose the strongest tool you have: your intelligence. We are here to help guide you.
How Removal Proceedings Work?
Removal (deportation) is the U.S. government’s legal process of removing/deporting aliens(foreign nationals) from the U.S. for violating laws( immigration or criminal).
Removal proceedings as the name applies is the legal process that determines the removal of foreign nationals. The outcome of removal proceedings determine your removability.
Removal proceedings always begin with an ominous letter – either served to you if you are arrested, or arrives in your mail. Yes, the letter that you may not know what all its words mean, but clearly tells you that the U.S. wants to deport you. This ominous letter is the NTA (Notice to Appear) or Form I-862.
The Department of Homeland Security sends a Form I-862 to a foreign national, telling him/her to appear before an immigration judge. Naturally, the NTA will contain a list of government’s allegations against you, and a charge of removability. To be specific, the NTA:
- Tells you your alleged offenses,
- And charges you with removability or inadmissibility.
- Tells you to appear before an immigration judge,
- To admit or denounce the allegations.
While USCIS handles the process of lawful immigration into the U.S., Executive Office for Immigration Review(EOIR) conducts removal proceedings
During removal proceedings, the immigration judge has to determine whether or not you should be removed(deported). Naturally, evidence will determine the judge's decision. If the government does not have convincing enough evidence against you, the judge will not establish your removability. However, if convinced, the judge will establish your removability.
Will Removal Proceedings Affect Form I-485?
If you are placed in removal proceedings, then only the Immigration Judge can grant it. You may
have to wait several years before the I-485 will be adjudicated. If you already have an I-485 pending
before USCIS (and not denied) when you are placed in removal proceedings, you may continue the I-
485 with the immigration court. However, unless the removal proceedings are terminated, USCIS will
not have the power to adjudicate (decide) your I-485
Relief From Removal Proceedings.
Being subject to removal proceedings does not necessarily mean the end of your American story. You may get a chance to appeal during (Discretionary Relief) or after (Judicial Relief) the judge’s decision.
You may be given the opportunity to convince the immigration judge that you deserve to remain in the United States. During the appeal, your removal is put on hold until the judge’s final ruling. At the end of the appeal, if convinced, the judge will grant you relief from removal.
Relief from removal is basically a saving grace if you’re subject to removal proceedings, but it is available only to people who meet the requirements.
There are many forms of relief from removal, assuming the government complies with the law and proves you are actually removable. (They don’t always win here, and we’ve appealed and won cases where we think the government’s case is not in accordance with the law).
They include adjustment of status, standalone waivers, asylum, withholding of removal, relief under the Convention Against Torture, cancellation of removal for both LPRs and non-permanent residents, old forms of relief that are only retroactively available like 212(c), and even temporary forms like administrative closure. Every day you remain in the U.S. is a small victory. It’s just a matter of standing up one more time than you’re knocked down.
U.S. immigration law is now tighter than ever. With the Trump administration’s plans for U.S. immigration, a tiny slip up may cause you to forfeit your immigration. It’s far easier to prevent something than it is to find a cure. To keep yourself safe, you should:
- Ensure you’re not overstaying your visa
- Avoid violating U.S. criminal laws
- Make sure you have an approved immigration petition application
- Have a clear “immigration plan” made in consultation with a lawyer
Of course, the best way to avoid a punch is to not be there. Don’t violate the law! This is the most realistic way to hold on to your immigration status. But if all else fails, you must get professional legal assistance.
We believe that everyone errs in their paths, but a violation of a law you may or may not be aware of should not block off your path to prosperity. Not without a fight. And we take pride in fighting.
Getting relief from removal can be complex and painstaking. With decades of experience in removal proceedings, the HMA Law Firm will approach your case delicately, fight for your due process rights, and advocate for the best possible outcome for you. The law keeps changing – but our commitment to our clients does not.
So, call us today! Schedule a consultation with our attorneys and discuss your problems. Let us plot a course forward.