Any non-U.S. citizen, including lawful permanent residents (or green card holders), asylees and refugees, can be removed or deported. In general, non-citizens can be deported because they:
- were inadmissible at time of entry or adjustment of status (e.g., gaining admission to the U.S. by committing marriage fraud or by misrepresenting facts in a visa application);
- have violated conditions of their admission (e.g., overstaying the visa, accepting employment without the required work authorization);
- have been convicted for certain criminal offenses (e.g., aggravated felonies, murder, rape, spousal and child abuse, theft, fraud, conspiracy, etc. )
- have failed to register or have falsified documents;
- have become a public charge;
- have unlawfully voted.
In general, most immigrants subject to removal proceedings are entitled to a removal hearing before an Immigration Judge to determine whether an immigrant can be deported from the U.S. Removal proceedings are civil proceedings therefore, the immigrant has the right to an attorney, but not one paid for by the government. Removal proceedings are adversarial, which means that throughout the proceeding, the immigrant will have a chance to argue against deportation.
Immigrants subject to removal proceeding may be eligible for one or more of the available types of relief from deportation. If granted, the relief eliminated or postpones the deportation, and in some cases even confers lawful permanent residence. Immigrants must generally apply for the relief during the deportation hearing. Given the complexities of immigration law, most immigrants are at a disadvantage if they do not have an attorney to represent his or her legal interests at the deportation hearing. Immigrants who have been removed from the U.S. are barred for a minimum of 10 years from entering the U.S. unless they obtain special permission.
At Anna Handy Law Firm, P.A., we can evaluate your particular circumstances and determine whether you are deportable and whether can apply for relief from deportation. Call us now for a consultation. (386) 248-3000.