Overview
Deportation, also known as removal, is a legal proceeding in a U.S.
administrative court to determine whether or not an immigrant may remain in
the U.S. Immigrants cannot be deported from the U.S. without first being
given a deportation hearing. Those found to be deportable are forced to
leave the U.S., however, immigrants have the option to appeal their case.
Those who are deported are barred from returning to the U.S. for at least
five years, and at a maximum for their entire life, unless a special waiver
is granted.
The following are methods for gaining relief from deportation:
Cancellation of Removal (Legal Permanent Residents)
To qualify for Cancellation of Removal the immigrant must satisfy the
following:
- legal permanent resident for at least five
years
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- continuous resident of the U.S. for at least
seven years
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- never been convicted of an aggravated felony,
and
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- is not a security risk to the United States.
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Cancellation of Removal (Non Permanent
Residents)
To qualify for Cancellation of Removal the immigrant must satisfy the
following:
- physical presence in the U.S. for a continuous period of ten years
prior to the removal hearings
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- good moral character for ten years
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- not a security risk to the U.S., nor deportable under criminal
grounds or marriage fraud or failure to register and falsification of
documents, and
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- the removal would result in extremely unusual hardship to the
spouse, parent, or child who is a U.S. citizen or a legal permanent
resident.
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Section 212(C) Waiver of Deportation (Legal
Permanent Residents)
Section 212(c) provides relief for those who maintained residency in the
U.S. for seven consecutive years. This provision is still in effect if the
non-citizen is deportable or removable as a result of guilty pleas,
particularly those pleas taken prior to April 24, 1996. Otherwise, the more
strict standards of Cancellation of Removal apply.
To be eligible for Section 212(c) relief, a
legal permanent resident must satisfy the following:
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- have 7 years of lawful permanent residence in the U.S.,
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- pled guilty to a crime before April 24,1996, and
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- have not been convicted of any aggravated felony, for which he/she
was in jail or prison for five years or more.
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Asylum
An immigrant can avoid removal by applying for asylum. To qualify for asylum
the immigrant must prove a well-founded fear of persecution upon returning
to their home country. The cause of this fear must be based on political
opinion, religious belief, nationality, race, or membership in a particular
social group. After one year as an asylee, the immigrant may be eligible to
apply for a green card.
Adjustment of Status
An immigrant may avoid deportation by applying for an adjustment of status.
A deportable immigrant who is the child, parent, spouse, or widow of a U.S.
citizen may be eligible to apply to the judge to adjust his or her status to
that of a legal permanent resident. An immigrant whose priority dates for
permanent residence are current may also receive an adjustment of status. A
spouse or child of the principal asylee may adjust to permanent residence
status at the same time as the asylee, unless the asylee becomes divorced
before final adjustment or the child becomes 21. But they retain their
status as asylees. An immigrant who has an approved labor certification may
adjust their status to that of legal permanent resident.
Violence Against Women Act (VAWA)
The Violence Against Women Act provides increased protection for immigrant
women and children who are victims of domestic abuse by allowing them to
remain in the U.S. This act relaxed certain standards of cancellation of
removal for battered immigrant women who are the spouses of a U.S. citizen
or legal permanent resident. For example, the amount of time required for
being physically present in the U.S. was reduced to three years.
Furthermore, it allows immigrant women to get a green card even if they
divorced their abusing spouse without satisfying the 2 years conditional
period requirement.
FAQ:
Q. What is a deportable crime?
A. Some simple misdemeanors, with no jail
time are deportable offenses.
Q. How long does a deportation proceeding last?
A. It depends. The length of the
deportation proceedings can last from
several months if the immigrant is in custody, to several years if the
immigrant is out of custody.
Q. Can an immigrant leave the U.S. while in deportation
proceedings?
A. In most cases an immigrant may
not leave the U.S. while in deportation proceeding.
Q. If a judge orders deportation (removal from the U.S.) does the
immigrant have to leave the country immediately?
A. After a judge orders deportation, the
immigrant has 30 days to appeal the deportation order. If the immigrant
decides not to appeal, then the INS will notify the immigrant to come to the
deportation center at a given date and he/she will be deported then.
Q. Can a Legal Permanent Resident work while in deportation
proceedings?
A. Yes. If the Legal Permanent Resident has
applied for a relief, he/she can still work while in deportation
proceedings.
Q. Can a non-permanent resident with a work authorization card
work while in deportation proceedings?
A. Yes. If the non-permanent resident has
applied for a relief, he/she can still work while in deportation
proceedings.
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