Deportation/Removal Defense

If Your Petition Is Approved, What Happens Next?

The petition, the I-130, is just the first step in the process. Depending on the beneficiary, the next step is either filing an I-485 (which can actually be filed at the same time as the I-130 but won’t necessarily be approved at the same time), or the case is transferred to the MBC, and then it goes through the process described earlier. If the case requires any waivers, those have to be decided before the visa can actually be granted, so adjudication of any waiver requests will be an intermediate step between the I-130 and the actual final decision…Read More

What Happens First When Someone Is In The Process Of Being Deported Or Removed?

First, ICE will serve you a notice to appear, or at least, a document that they claim is a notice to appear. There’s still an open legal question that the courts are working on about what constitutes a valid notice to appear. Your document will say it’s a notice to appear and will tell you that they’re placing you in a removal proceeding, as well as what the grounds are for thinking that you’re removable. It should have a date and time for your hearing (although they often do not) and where the hearing will be…Read More

What Are The Options For Relief Once The Case Is In An Immigration Court? What Are Some Defenses To Deportation Or Removal?

In addition to the things I already mentioned, there are a few other things that are a bit less common but that still happen reasonably often. If you’ve committed any kind of fraud, that makes you ineligible to stay in this country, though there are different forms of relief that could potentially be available, depending on what exactly the untruthful statement or document was and where the fraud was in the process. The important thing with any kind of waiver for fraud is that you need to be scrupulously honest…Read More

What Are Common Grounds For Deportation Or Removal From The US?

The common grounds for deportation or removal from the US are unlawful presence in the US due to entering illegally, overstaying a visa, committing certain crimes, and obtaining a visa fraudulently. If a non-US citizen has a criminal record, they should definitely speak to an immigration attorney who has experience with interpreting the impact of criminal records on immigration. This is a complex area of the law for which entire books have been written…Read More

What Can Be Done To Stop My Removal Proceeding?

If someone is facing removal proceedings, they should first determine whether or not there is a way to have the proceedings terminated. There are different grounds for that, and this is an area where the law is constantly changing…Read More