Introduction
This article will provide guidance on How Deportation & Removal Procedures Work in the United States When the US government removes an immigrant from the country, the process is commonly referred to as deportation. However, the more accurate term is ‘removal.’ This action can be taken against both documented and undocumented immigrants under US Immigration Law, indicating that the reasons for removal are diverse and based on various legal grounds. Click here to watch our introduction video.
The Agencies Involved in Immigration Enforcement
Immigration and Customs Enforcement (ICE)
ICE is primarily responsible for enforcing immigration laws within the country’s borders. This includes arresting immigrants, detaining them, and ultimately removing them from the United States. Click Here for Frequently Asked Questions About Process Servers!
U.S. Citizenship and Immigration Services (USCIS)
USCIS handles everyday immigration matters such as visa applications and naturalization. In some cases, USCIS also initiates removal proceedings, particularly when an individual’s application for lawful permanent residence is denied without any other legal basis to remain in the country. Click here for information on How Rush Process Service Can Expedite Your Case.
Customs and Border Protection (CBP)
CBP guards the borders and ports of entry to prevent unauthorized entry into the country. While they can execute expedited removals, most cases are referred to the Executive Office for Immigration Review for a more comprehensive legal process. Click here for information on How Process Servers Protect Your Rights: Myths Debunked
Reasons for Deportation in the United States
Violation of Immigration Laws
Immigrants can be removed for failing to adhere to visa conditions, overstaying their visa, or not reporting changes in address. Both documented and undocumented individuals are at risk, though the latter are more frequently subject to removal. Click here for information on How To Identify A Good Process Service Agency.
Fraud and Misrepresentation
Activities aimed at deceiving immigration authorities, such as marriage fraud or falsifying documents, are grounds for removal.
Criminal Convictions
Crimes, ranging from misdemeanors to serious offenses like aggravated felonies, can lead to deportation. The type and severity of the crime often influence the likelihood of removal.
Rights of Immigrants Facing Deportation
Legal Representation
All individuals have the right to an attorney and to a fair trial, although the specifics of these rights can vary based on the immigrant’s status and the nature of their case.
Waivers and Relief
In certain cases, the Attorney General has the discretion to waive deportation if the immigrant meets specific criteria, such as aiding a spouse or child.
Special Considerations
Asylum Seekers
Individuals fearing persecution in their home country may apply for asylum. This status provides protection from removal under certain conditions.
Adjustment of Status
This process allows for changing one’s immigration status, potentially providing a pathway to lawful permanent residency based on family relationships or other qualifications.
Cancellation of Removal
This legal defense against deportation is available under specific circumstances, such as demonstrating prolonged presence in the U.S. and showing “exceptional and extremely unusual hardship” to a U.S. citizen or lawful permanent resident relative.
Voluntary Departure
Under certain conditions, an individual may opt for voluntary departure to avoid the consequences of formal deportation, making it easier to legally return to the U.S. in the future.
Conclusion
Understanding the complex framework of Deportation & Removal Procedures in the United States is crucial for immigrants and their families. Knowing the roles of various immigration agencies, the grounds for deportation, and the rights and options available can empower those facing such proceedings to navigate the process more effectively.
OFFICE LOCATIONS
New York: (212) 203-8001 – 590 Madison Avenue, 21st Floor, New York, New York 10022
Brooklyn: (347) 983-5436 – 300 Cadman Plaza West, 12th Floor, Brooklyn, New York 11201
Queens: (646) 357-3005 – 118-35 Queens Blvd, Suite 400, Forest Hills, New York 11375
Long Island: (516) 208-4577 – 626 RXR Plaza, 6th Floor, Uniondale, New York 11556
Westchester: (914) 414-0877 – 50 Main Street, 10th Floor, White Plains, New York 10606
Connecticut: (203) 489-2940 – 500 West Putnam Avenue, Suite 400, Greenwich, Connecticut 06830
New Jersey: (201) 630-0114 – 101 Hudson Street, 21 Floor, Jersey City, New Jersey 07302
Washington DC: (202) 655-4450 – 1101 Pennsylvania Avenue, N.W. Suite 300, Washington DC 20004
FOR ASSISTANCE IN SERVING LEGAL PAPERS
Pick up the phone and call Toll-Free (800) 774-6922 or click the service you want to purchase. Our dedicated team of professionals is ready to help you out. We can handle all your process service needs; For information on, What is a Process Server, Click Here!
Please feel free to contact us for more information about our process-serving agency. We are ready to provide service of process to all our clients globally from our offices in New York, Brooklyn, Queens, Long Island, Westchester, New Jersey, Connecticut, and Washington, D.C.
“Quality is never an accident; it is always the result of high intention, sincere effort, intelligent direction, and skillful execution; it represents the wise choice of many alternatives” – Foster, William A
