Removal Proceedings & Deportation
Receiving a Notice to Appear before an immigration judge can be a very frightening thing. The consequences can be life changing. You may be deported and forced to quit your job, abandon your career, and leave your wife and children behind. That’s why you need a knowledgeable immigration attorney in Miami to be on your side when faced with removal proceedings. Removal proceedings are the process by which a foreign citizen is removed from the United States and sent back to his/her country of origin.
An individual can be removed for a variety of reasons, some of which are:
- Overstaying a visa
- Conviction of a felony
- Fraudulently marrying a U.S. citizen to obtain legal residence status
- Voting in any election in the United States while non-citizen
Fortunately, you have due process rights. You will not be removed without a removal hearing before an immigration judge. You may have various defenses to removal such as asylum, cancellation of removal, or voluntary departure. But you must act quickly in this delicate time. If you or your loved one is facing removal proceedings, contact a Miami immigration lawyer today regarding your options at (954) 626-8071. We may be able to find ways to help you avoid removal or minimize its consequences.
Cancellation Of Removal
Cancellation of removal is one form of immigration relief that may be available to those individuals who have been placed in removal proceedings before the United States Executive Office for Immigration Review. When an undocumented person is arrested and convicted of a crime, he/she may be placed in removal proceedings to determine whether this person should be deported.
Fortunately, cancellation of removal of an individual is possible when the proper evidence is presented to the court showing that he or she is ineligible for removal or that other circumstances warrant stopping the removal process. Lawful Permanent Residents (LPRs) may be placed in removal proceedings due to certain criminal convictions.
Cancellation of removal is available for a Lawful Permanent Resident who:
- has been a lawful permanent resident for not less than five years;
- has lived in the United States for not less than seven years, regardless of legal status; AND
has not been convicted of an aggravated felony.
A non-Permanent Resident may be eligible for Cancellation of Removal if he or she:
- has continuously lived in the U.S. for at least 10 years;
- has a good moral character;
- is not criminally barred from eligibility for Cancellation of Removal; AND
- proves that removal would result in exceptional and extremely unusual hardship to his/her spouse, parent, or child who is a U.S. citizen or legal permanent resident.
Waivers of Inadmissibility
A person may be deemed inadmissible to the United States if:
- the person’s health condition would affect the public health;
- the person has criminal record;
- the person’s entry into the U.S. constitutes a security concern; OR
- the person has made false claims of U.S. citizenship.
Have you been deemed inadmissible to the United States due to health issues, criminal record, security violations, or falsely claimed U.S. citizenship? If you answer yes to this question, then you need legal advice from an experienced Coconut Creek immigration attorney. A waiver of inadmissibility may be available to you.
Contact The Law Offices of Jonny Kousa, P.L. today to discuss your options.