Navigating Deportation Proceedings: Understanding the Process and Your Options
Immigrating to the United States is a dream cherished by countless individuals worldwide. However, each year, this dream faces jeopardy as thousands become entangled in deportation proceedings. The Immigration and Nationality Act classifies deportation matters into two categories: inadmissibility and removal proceedings. Inadmissibility results in a person being barred from entering the United States, while removal proceedings mandate the departure of individuals already present in the country, whether legally or illegally.
Grounds for Deportation:
There are five primary categories of grounds for deportation:
Entry Without Proper Authority: This occurs when a person enters the country without a valid visa or proper authorization.
Status Violations: When immigrants violate the terms of their admission or engage in unauthorized employment within the United States.
Criminal Convictions or Membership in Prohibited Organizations: Individuals with certain criminal convictions or affiliations with restricted groups.
Denial of Asylum Application: If an individual's application for asylum is rejected.
Becoming a Public Charge: When an alien becomes dependent on cash-providing public benefits, such as Temporary Assistance for Needy Families or Supplemental Security Income for subsistence, within five years of entering the United States.
The Deportation Proceeding Process:
In a typical deportation proceeding, the foreign national is arrested and detained by United States Immigration and Customs Enforcement (USICE). Subsequently, they receive a "Notice to Appear," detailing the reasons why they should not be permitted to stay in the United States. A USICE official then determines bond eligibility and schedules the deportation hearings.
Following the deportation hearing, an appeal can be filed at the Board of Immigration Appeals within 30 days of the decision. It's essential to note that the Board of Immigration Appeals bases its ruling on the printed record of the previous proceeding, the immigration judge's decision, and the attorney's legal briefs, without the immigrant testifying during the appeal process.
How QBM Legal Can Assist in Deportation Defense:
At QBM Legal, we empathize with the fear and uncertainty that arises when facing a notice to appear for a deportation or removal hearing. Our experienced deportation defense attorneys offer comprehensive support throughout the process, including hearing preparation and document drafting.
Our immigration law firm thoroughly evaluates each case to determine if there is a basis for deportation. If insufficient evidence is found to warrant deportation, we will promptly work to terminate the proceedings. In cases where deportation seems likely, we explore various strategies to avoid removal, such as pursuing political asylum, attaining permanent residency status, seeking cancellation of removal, or obtaining waivers or pardons under the Immigration and Nationality Act.
If no relief is available, we can assist in negotiating voluntary departure, minimizing the long-term consequences of deportation and providing an opportunity to re-enter the United States in the future.
Navigating deportation proceedings is a daunting experience, but you don't have to face it alone. At QBM Legal, we are committed to providing skilled legal representation and comprehensive support throughout the deportation process.
If you or a loved one is facing a deportation or removal hearing, contact our firm for a confidential consultation. We will stand by your side, exploring every available option to protect your rights and seek the best possible outcome.