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| 11271 Ventura Blvd. |
| Suite 473 |
| Studio City, CA 91604 |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Warner Center Towers |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Watt Plaza |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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| Fashion Island |
| Phone: 877-479-7970 |
| Fax: 888-509-8864 |
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Deportation
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Deportation occurs when the federal government formally removes an individual from the United States for violation of the immigration laws. Deportation is a legal proceeding, and the person who is subject to the procedure has legal rights to challenge it prior to being removed from the country. A challenge involves appearances before a government body and the laws involved are complex and ever-changing. As a result, legal representation is essential for the best chance of avoiding deportation. Keep in mind that once deported, an alien may lose the right to ever return to the United States, even as a visitor.
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The Deportation Process
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- [The process begins when a Notice to Appear (NTA) is issued by the Bureau of Immigration and Customs Enforcement (ICE). The notice will be served upon the alien and filed with the immigration court. In addition to containing general information about the immigrant (name, country of origin, etc.), the NTA should contain the reason for the deportation.]
- [A Master Calendar hearing is scheduled. At that hearing the immigration judge asks if the alien is ready to proceed with the case or if they need time to obtain an attorney. If the alien needs time to obtain representation, a later hearing date is scheduled.]
- [Once the alien has an attorney, or has elected to proceed without one, the alien will be asked by immigration judge to verify the contents of the NTA.]
- [If the judge determines that the information in the NTA is correct and that the alien can be deported, the alien is given the opportunity to apply for relief from deportation. If the alien is eligible for a form of relief for which they have applied, an individual hearing date is scheduled. If the alien is not eligible for any type of relief, deportation will be ordered.]
- [If an individual hearing is held, the alien will be given the opportunity to put evidence. This evidence may involve giving testimony or having witnesses testify on his or her behalf. At the conclusion of the hearing, the immigration judge will either make ruling (either in the form of an oral decision or release a written decision at a later date).]
- [If an individual hearing is held, the alien will be given the opportunity to put evidence. This evidence may involve giving testimony or having witnesses testify on his or her behalf. At the conclusion of the hearing, the immigration judge will either make ruling (either in the form of an oral decision or release a written decision at a later date).]
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Any alien that is in the US may be subject to deportation if they:
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- [Are an inadmissible alien, by the law existing at the time of entry to the US or adjustment of nonimmigrant status;]
- [Are present in the US in violation of the Immigration and Nationality Act or any other US law;]
- [Violated nonimmigrant status or condition of entry;]
- [Terminated a conditional permanent residence;]
- [Encouraged, induced, assisted, abetted or aided any other alien to enter the US illegally;]
- [Engaged in marriage fraud to gain admission to the US;]
- [Were convicted of certain criminal offenses;]
- [Failed to register or falsified documents relating to entry in to the US;]
- [Engaged in any activity that endangers public safety or creates a risk of national security;]
- [Have, within five years after the date of entry, become a public charge from causes not affirmatively shown at the time of entry; or]
- [Engaged in unlawful voting.]
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Legal representation throughout the deportation process is essential in order to protect the opportunity to live in the United States.
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Contact us at 877-479-7970, or e-mail us at info@law-thomas.com, to arrange for a confidential complimentary consultation on your legal immigration needs.
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Q: What are factors considered by the US Citizenship and Immigration Services (USCIS) in granting an individual immigration status?
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A: The immigration authorities at the USCIS have wide discretion in reviewing petition for immigration status. The factors considered by the USCIS include whether the applicant has an immediate relative who is a US citizen or a lawful permanent resident; whether the applicant has a permanent employment opportunity in the US and whether that employment fits under one of the five eligible employment categories; and whether the applicant qualifies for refugee status.
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Q: What is the basis for being deported?
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A: Deportation occurs when an alien has been found to have violated certain immigration laws and results in the alien forfeiting his or her right to remain in the United States.
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