Slatus & Slatus is the most experienced deportation and removal defense lawyer in Haverstraw, NY.
The Immigration and Nationality Act provides for the removal of certain individuals from the United States. There are numerous grounds for which an individual can be charged with removability and placed in removal proceedings. These charges range from simply overstaying the time one was authorized to remain in the United States, all the way to illicit trafficking in a controlled substance.
An individual is put on notice that he or she is in Removal Proceedings upon being served a Notice to Appear, or NTA. The NTA details the reasons why the government believes one is removable, and the place and time one is scheduled to appear before an Immigration Judge. (IJ) At the Removal Hearing, one can inform the IJ if he or she is entitled to any form of relief, on the basis of which the Removal Proceedings can be terminated. If the IJ believes there is available relief, then the individual must provide evidence to that effect. If no relief is available, the IJ either orders Removal or grants Voluntary Departure.
As a simple example, let’s assume that one enters the United States on a tourist visa, and he remains beyond the expiration date. One year later, while still present in the country illegally, he meets, falls in love with, and subsequently marries a United States Citizen. If he is placed into removal proceedings, he can request that the IJ terminate them, since he is eligible to become a Lawful Permanent Resident if sponsored by his United States Citizen wife.
Deportation proceedings can take different lengths of time depending on many factors, but usually, in New York, it takes about 1 year.
The US government usually will ban deportees for 10 years after they have left the country. It can be as little as 5 years and as much as 20 depending on the situation leading up to the deportation.
After the immigration judge has issued a deportation order, you will await processing and travel documents back to your home country. Then you will be notified when this is complete and the removal will take place.
Some ways your immigration lawyer might be able to stop deportation include:
• You have lived at least 10 years in the USA with “good moral character”
• If you US citizen spouse or children would experience extreme hardship
• Are eligible for adjustment of status
• Are eligible for asylum
Form I-212 Request reentry following removal, along with the proper documentation and fee, a petition can be made to shorten the ban on reentry.
Yes, the government can still deport you even if you are married to a US citizen.
Slatus & Slatus Immigration Law Firm
501 Chestnut Ridge Rd., 3rd Floor, Suite 311
Spring Valley, NY 10977
845-875-7277
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