Deportation is a significant concern for many foreign nationals residing in the United States. Understanding the intricacies of removal proceedings is crucial for all immigrants. Please continue reading as we explore what you can expect from this process and how a determined Middlesex County, New Jersey, Deportation Defense Lawyer can assist you.
What Are Removal Proceedings?
First and foremost, it’s important to understand that a removal proceeding, also referred to as deportation, is the legal process of expelling a foreign national from the United States or sending them back to their home country. When the government believes that a non-citizen does not have a valid immigration status or has violated the terms of their legal status, removal proceedings are commenced to resolve the issue and determine whether the individual will be removed or allowed to remain in the country. These proceedings are typically conducted before an immigration judge in an immigration court.
What Are Grounds for Deportation?
Unfortunately, deportation in the U.S. can occur for numerous reasons. Removal proceedings are only initiated when a foreign national has violated the conditions of their legal entry ot stay in the country. Common grounds for deportation include:
- Criminal activity (aggravated felonies, crimes of moral turpitude, drug crimes, domestic violence, and firearm offenses)
- Immigration law violations (unlawful presence, visa overstay, immigration fraud, marriage fraud, and failure to comply with immigration obligations)
- National security risk (terrorism)
- Becoming a public charge (financially dependent on the government)
- Failure to appear in court
- Unlawful employment
How Do Removal Proceedings Work?
Generally, removal proceedings begin with issuing and filing a Notice to Appear (NTA). The U.S. Department of Homeland Security (DHS), or one of its branches, such as the Immigration and Customs Enforcement (ICE), issues and files this document with the immigration court. The NTA will outline the charges the government has brought against you and the legal basis for initiating the proceedings. Essentially, it informs the foreign national of their obligation to appear before an immigration judge.
From here, you will attend multiple court hearings. The first hearing is called the master calendar hearing, which involves reviewing the charges and explaining your rights. If the individual contests the charges, subsequent hearings may be scheduled. These additional hearings allow both parties to present evidence, call witnesses, and offer their legal arguments.
After your individual hearing, the judge will issue their final decision on the matter. They possess the authority to either deport individuals from the U.S. or provide avenues for them to achieve legal residency. These pathways, known as relief, commonly include adjustment of status, cancellation of removal, and asylum.
If you receive a removal order, it’s in your best interest to seek guidance from an experienced attorney from the Law Offices of Aditya Surti, LLC, who can help you appeal the decision and fight to remain in the U.S. Connect with our firm today for more information and skilled representation.