Deportation refers to the formal removal process of aliens from the United States. It may occur when it’s legally determined that the alien is violating or has violated U.S. immigration laws. Aliens are defined as any non-U.S. citizen.
The beginning of the deportation procedure starts when a Notice to Appear (NTA) is issued. This procedure is a serious matter, and it can happen with lawful and unlawful residents in the United States. When the removal process starts, the alien’s case will be heard by a judge in the U.S. Justice Department’s immigration court. If it’s ruled that the alien should be deported, Immigration Customs Enforcement (ICE) is the department that carries out the order.
The Immigration and Nationality Act lists deportable violations that can start the process. This includes aggravated felonies like rape, drug trafficking, and murder and some “crimes of moral turpitude”. This second category encompasses a wide range of criminal activities, with some of the most common being larceny, fraud, theft, and crimes which require higher levels of dishonesty to commit.
Some deportation cases can be prevented. One method used to attempt deportation avoidance is cancellation of removal.
Cancellation of Removal
Many drug offenses are cause for deportation. But, receiving a pardon for the offense may help an individual avoid deportation. This is called Cancellation of Removal for Certain Permanent Residents. Factors that can affect whether an individual is pardoned or not include the severity of the criminal act committed and the length of time that individual has lived as a Lawful Permanent Resident in the United States.
Aliens who meet these criteria may be eligible for Cancellation of Removal for Certain Permanent Residents:
- Alien has been a Lawful Permanent Resident for a minimum of 5 years.
- Alien has been a continuous resident within the United States for a minimum of 7 years since admitted.
- Alien is not convicted of an aggravated felony offense.
Individuals who have lived in the United States for more than 10 years and are currently involved in deportation proceedings might have eligibility for Cancellation of Removal for Non-Lawful Permanent Resident.
Having an attorney is an important part of going through the deportation proceedings. If you receive a Notice to Appear or if the process for deportation has already begun, contact Anaheim Immigration Attorney Fady Eskandar immediately to assist you and help you understand any options you may have in your case.