A deportation process is always a risky and highly stressful situation for any migrant. However, a deportation order can be removed, and certain immigrants may qualify to stay in the country.
At Zava Immigration Law Group, we can help you obtain cancellation of removal. Our attorneys have extensive experience in immigration relief and will assist you every step of the way. Contact us and secure your stay in the place you have chosen as your home.
Table Of Contents
What is deportation?
Deportation is a legal process initiated by the U.S. government to remove an unauthorized immigrant or an immigrant with certain legal problems from the country. In this regard, there are two types of deportation proceedings:
- Regular Deportation: In this process, the immigrant is allowed to present his or her case before an immigration judge. It can take longer due to the full legal process and applies in a variety of situations, including immigration violations and non-serious offenses.
- Expedited Deportation: This process can result in an expedited removal from the country and does not include formal legal hearings. It applies to immigrants apprehended near the border or with certain criminal violations and has a more limited scope.
How do I know if I have a deportation order?
There are three ways to check if you have a deportation order in process. These are:
- Contacting the Immigration Court: This is the easiest way to find out if you have a deportation order. Any immigrant may request their immigration records under the Freedom of Information Act (FOIA).
- By telephone: Immigrants who have been through immigration court previously can check whether they have a warrant or other pending proceedings by calling 1 (800) 898-7180 and following the recording prompts.
- Consult with an attorney: This is the most advisable means for immigrants who have not been through an immigration court as it may be difficult to understand their status without proper legal assistance.
These processes are confusing and stressful, but don’t worry, you are not alone. At Zava Immigration Law Group our professionals have years of experience in immigration matters. Our team will provide you with the necessary assistance, accompanying you throughout the process.
Reasons for deportation
There are multiple reasons why deportation proceedings may be initiated against an immigrant. The Immigration and Nationality Act (INA § 237) provides the following grounds for deportation:
- Violation of immigration laws: This includes illegal entry into the United States or violating the conditions of your visa (e.g., overstaying your visa).
- Criminal Record: Certain crimes may be grounds for deportation. Some of them are related to domestic violence, drug trafficking or crimes of moral turpitude.
- Threat to public safety: If the government considers an immigrant a threat to national security, it may initiate deportation proceedings.
- Public charge: If it is considered likely that a person’s livelihood will depend on government assistance, then he or she may be deported.
- Fraud: An immigrant who provides false information or commits fraud to obtain a visa may be deported.
Remember that, if you are facing regular removal proceedings, you will be able to defend your case before an immigration judge. At Zava Immigration Law Group we can help you obtain cancellation of removal. Contact us and let’s start preparing your defense today.
What happens at a deportation hearing?
In a deportation hearing, a legal proceeding is held to determine whether an individual should be deported or whether he or she is eligible for immigration relief, such as cancellation of removal. During the hearing:
- Questions and Answers: The judge asks the individual a series of questions to gather relevant information, such as immigration history, family life, potential hardship in the event of deportation, and employment.
- Submission of Evidence: The individual must submit documents, affidavits, and testimony to support his or her case and demonstrate eligibility for cancellation of removal or other immigration relief.
- Legal Evaluation: The judge evaluates the individual’s eligibility for cancellation of removal or other immigration relief, taking into account the information presented and the applicable immigration laws.
- Judge’s Decision: The judge issues a decision, which may include an order of deportation or approval of immigration relief whereby the individual may remain in the United States.
- Legal Follow-Up: If cancellation of removal is approved, the individual must comply with certain conditions and follow additional legal procedures.
At Zava Immigration Law Group, our attorneys will ensure that your rights are protected by presenting a strong case before the immigration judge. Do not face this difficult situation alone. Contact us today and get the legal representation you deserve.
What is cancellation of removal?
The cancellation of removal is immigration relief for aliens facing removal, deportation, or removal proceedings from the United States. He or she can avoid deportation from the country, as long as he or she meets certain requirements.
Who is eligible for cancellation of removal?
To be eligible for cancellation of removal, generally the following requirements must be met:
- Have a continuous presence in the United States for at least 10 years.
- Good moral character.
- Not having been convicted of serious crimes.
- Demonstrate that deportation would cause extreme hardship to a U.S. citizen or lawful permanent resident spouse, child, or parent.
It is important to consult with an immigration attorney to determine your eligibility and explore your legal options. At Zava Immigration Law Group we can help you. Contact us and start preparing your deportation defense.
How to cancel the deportation?
The cancellation of removal process consists of four basic steps that any immigrant must go through.
Step 1 – Preparation of Documentation
Complete and file Form EOIR 42B or Form EOIR 42A with the Immigration Court along with the appropriate USCIS charges.
Step 2 – Preparation of the Testimonial
With the help of a professional attorney, prepare your testimony to testify before the immigration judge. It includes, among other things:
– Documentation of evidence.
– Sworn written statements.
– Testimony showing that your immediate family members would suffer exceptional and extremely unusual hardship if you were deported.
Step 3 – Attendance at hearings and presentation of evidence
Attend the first Immigration Court hearing, known as the“Master Calendar Hearing” and the individual hearing. Present all evidence, documents and testimony gathered before the immigration judge to support your case.
Step 4 – Judge’s Decision
Once the hearings are over and all the pertinent documentation has been presented, the only thing left to do is to wait for the immigration judge’s decision. If you determine that you have complied with all the necessary requirements, the deportation process will be cancelled.
Remember that expert legal advice during the process increases your chances of success. At Zava Immigration Law Goup we can make sure that you comply with all legal requirements and procedures. Contact us today and defend yourself against deportation.
Types of cancellation of removal
The following are the most common types of cancellation of removal under U.S. immigration law:
- Asylum or Convention Against Torture: Foreign nationals may apply for asylum or protection under the Convention Against Torture if they fear persecution or torture in their home country.
- Voluntary Departure: If you are in removal proceedings or your application for cancellation of removal was denied, you may apply for voluntary departure from the United States before an immigration judge.
- Cancellation of Removal for Abuse in Marriage or by a U.S. Parent: Designed for victims of extreme cruelty or abuse by a U.S. citizen or resident spouse or parent of good moral character whose deportation would result in extreme hardship to the applicant or his or her family members.
- VAWA Cancellation of Removal: Designed for victims of abuse or extreme assault by a U.S. citizen or resident.
Each of these types of cancellation of removal has its own requirements and procedures. For this reason, it is extremely important to have professional legal advice. At Zava Immigration Law Group our attorneys can help you choose the best legal course of action for your case. Contact us and secure your future in the United States.
What happens if my application for cancellation of removal is denied?
If your application for cancellation of removal is denied, you can take the following steps:
- BIA Appeal Request: File an appeal request with the Board of Immigration Appeals (BIA). This is an instance where you can challenge the decision and seek a review of your case.
- Correcting clerical errors: If the denial was due to a clerical error or lack of proper compliance with the process, consult with an immigration attorney to determine if you can request another hearing before an immigration judge and correct the problems identified.
- Explanation of reasons by the judge: Listen carefully to the reasons provided by the immigration judge to understand why your application was denied. This can help you identify areas that need improvement (lack of evidence, errors in your statement, etc.).
- Consider other legal options: If cancellation of removal is denied in its entirety and you have no appeal options, it is important to explore other forms of immigration relief that may be available for your particular situation.
Remember that seeking legal advice is critical to filing an effective appeal. At Zava Immigration Law Group we can help you. Our attorneys have the experience and expertise to properly prepare you for your hearing. Contact us today and secure your future in the United States.
What is a final order of deportation?
A final order of removal is an official decision issued by an immigration court ordering the removal of an individual from the United States. This order indicates that the appeal process has been exhausted and that deportation is imminent unless immigration relief is obtained or the order is canceled for legal reasons.
How long can a cancellation of a removal case last?
The length of a cancellation of removal case can vary, but in general, it can take about 4 years for non-detained cases and approximately 1 to 1.5 years in immigration court. However, if you are detained and cannot obtain an immigration bond, the time to prepare your case may be very limited, and additional delays may be due to the availability of judges.
What happens if I am detained for possible deportation?
If you are detained for possible deportation, immigration authorities will hold you in a detention center. You may be entitled to a bond hearing to determine if you can be released while your case is pending. In addition, you are entitled to legal representation to protect your rights.
What is the 10-Year Law?
The“10-Year Law” refers to a provision in immigration law that allows certain individuals to apply for cancellation of removal if they have lived in the country continuously for at least 10 years and meet these requirements:
– Good moral character.
– No felony convictions.
– Demonstrate extreme hardship to their citizen or permanent resident family members if they are deported.
Can I travel while in deportation proceedings?
Yes, you can generally travel while you are in deportation proceedings. However, you must first obtain a travel permit known as “Advance Parole”. Without this permission, they could terminate your proceedings and issue a deportation order in absentia.
Don’t risk your future by dealing with this situation on your own. At Zava Immigration Law Group we can help you. Our team of professionals understands what you are going through and will be with you every step of the way. Consult with an immigration attorney and get the legal help you need to secure your stay in the United States.
Sources
USA.gov – Learn about how the deportation process works
USCIS – Application for Suspension of Deportation or Cancellation of Removal
USCIS – Notice of Appeal Before the Board of Immigration Appeals
Other resources
How To Deal With A Deportation Order In The United States
Cancellation Of Deportation With Form EOIR 42B
Starting Over: How To Regain Your Immigration Status After Deportation
Deportation In The United States: We Explore The Most Important Causes Of Deportation
Applying For Defensive Asylum In The U.S., The Complete Guide
