You are in: Home > Immigration Law

How Do You Avail Relief from Deportation Proceedings

22nd June 2010
By Daniel Smith in Immigration Law
RSS Legal RSS    Views: N/A

What if a non-US citizen or an alien is being expelled from the US under Immigration and Nationality Act (INA)? The process is traumatic for those who are already going through the phase.
The removal proceedings include several complicated steps right from initial notifications to final order of removal. Hence you should be aware of certain guidelines for deportation or removal process, petition for review and relief from removal everything.

How does the expulsion process start?

The literary meaning of deportation is - Expulsion or removal of a person or a group of people from a place or a particular country. The process starts with Department of Homeland Security ("DHS") which will issue you the notice to appear (NTA). The document will include the name of your state, name of the country, birth location before you appear in front of the Immigration Judge.

You can also attain other information as well as follows:

• How purportedly you violated the law
• Why you have been summoned before the judge?

• You have right to hire an attorney so whom to contact?
• What could be the consequences if you fail to appear before the court?

If all the allegations against you scripted on NTA documents are correct and the judge determines you to be deported, you have an option to ask for relief from removal. If you succeed to claim for the relief, there will be another hearing. If not, the court will decide deportation for you.

Once you are subjected to removal you have to exhaust all available federal remedies possible before appearing to the federal courts. To apply for the final administrative decision you need to file a petition for review.

What are the primary requirements for filing?

Federal appellate courts under supervision of law can reject your petition if:

• You are late for more than 30 days once the administrative decision is finalized
• You don't file in the federal court of appeals where the hearing for removal is being conducted
• Your petition is not produced to the Attorney General of the United States

• Your case is not served on the officer in charge of the US Immigration and Customs Enforcement (ICE) service district.

You need to obey the mandatory deadline of filing, else it is not allowed to reopen or reconsider the filing extension or voluntarily departure.

What documents you require to submit?

• Name of each individual petitioning for the review
• Copy of final administrative judgment

Unfortunately petitioning for review would not permit you to have automatic stay or temporary suspension. To keep in mind, it is not the protective guard against deportation, expulsion or removal process. But you can apply motion for stay of removal to avoid the unwanted departure.

Now what are the types of relief from removal?

• Removal cancellation:

It depends on whether you are LPR (Lawful Permanent Resident), alien with a green card or non-LPR. For both of the status you have certain eligibility criteria to pass through to get the benefits.

• Asylum: You need to qualify as a refugee, that is, you have to prove the inability to return to your native country. The reason could be anything based upon your race, religion, nationality, membership in a particular social group or political opinion.

• Adjustment of status: While changing your status from a non-immigrant to lawful permanent resident to qualify for the reliefs there are some pre-requisites.

If you think examining INA from Miami is critical enough, seek advice of Miami deportation lawyers or immigration law attorneys.
This article is free for republishing
Bookmark and Share

Ask a Question about this Article

powered by Yedda