Legal Reasons Cited To Initiate the a Removal Process
Noncitizens can be placed in for removal proceedings for a variety of reasons. Lawful permanent residents enjoy many privileges, including the ability to live and work in the United States on a semi-permanent basis, but can still be placed in removal proceedings under certain conditions.
Factors that can lead to deportation include:
- Criminal convictions - Crimes of moral turpitude, aggravated felonies, drug crimes, firearm crimes, and fraud are all considered deportable defenses. If you are convicted of any of these crimes, you will likely be placed in removal proceedings, even if you are a lawful permanent resident.
- Denials for adjustments of status - The final step in securing many immigration benefits involves requesting to adjust your immigration status. If USCIS determines you do not meet the qualifications for the immigration benefits, they can reject your request. This leaves some applicants without valid immigration status, placing them on the radar of Immigration and Customs Enforcement (ICE). Our team will always avoid recommending an adjustment of status unless we are fully confident that you meet all of the requirements.
- Failure to properly seek lawful permanent residency - If you are currently in the United States on a temporary nonimmigrant visa that does not allow you to pursue lawful permanent residency, applying for a lawful permanent resident card can lead to removal. You can also be placed in removal if you are appropriately seeking a lawful permanent resident card but improperly fill out or submit the required documentation. If your lawful permanent residency application is rejected and you have no other legal immigration status, you will likely soon face removal proceedings.
- Unlawful presence or residence in the United States - If you entered the United States unlawfully and remain in the country without legal immigration status, you can be targeted for removal at any time.
You cannot be deported for an expired lawful permanent residency card, which is a common concern with immigrants. However, traveling with an expired green card can lead to a denial of your reentry to the United States.
Removal Defense Strategies
Our attorneys are familiar with may powerful deportation defense strategies. Every case is unique, and your individual circumstances will determine the forms of deportation relief that may be available to you.
We can help you explore numerous deportation defense strategies, including:
- Asylum and Withholding of Removal - If you have "reasonable fear" that being forced to return to your home country may lead to your harm, you may qualify for asylum
- Cancellation of Removal - Both permanent and non-permanent residents may be eligible for a cancellation of removal if they meet specific conditions, based on length of time in the U.S. and whether a qualifying relative would suffer "exceptional" hardship if you were deported
- Adjustment of Status - You may qualify for an adjustment of status to lawful permanent residence if you meet certain qualification, such as having a U.S. citizen spouse or a petition from a qualifying family member
- U-Visas - Victims of assault, domestic violence, or other violent crimes may qualify for a U-Visa if they report the crime and cooperate in a related investigation
- Arguing the merits of the grounds for removal - You can avoid deportation by demonstrating that removal efforts were initiated on inaccurate grounds or grounds that cannot be sustained
When you meet with our team, we will assess your situation and help you understand each possible remedy and the steps and risks involved with pursuing each option.
Should we determine that there is no viable deportation defense for your case, we can help you initiate a voluntary departure from the U.S. This involves your voluntarily leaving the United States by a prescribed date. This option is not ideal but can avoid the harsh consequences of an involuntary removal and help you more easily secure future immigration benefits.
Our deportation defense lawyers at Central Florida Immigration Attorneys understand what is at stake and will do everything possible to fight for your rights. We understand how deportation cases are adjudicated and can assist you in pursuing all possible relief options.