Immigrating to the United States is the dream of a lifetime for many people around the world. Each year, however, this dream is jeopardized for thousands through deportation proceedings. The Immigration and Nationality Act divides deportation matters into two categories, inadmissibility and removal proceedings. Deportation based on inadmissibility prohibits a person from entering the United States whereas removal proceedings force individuals already in the U.S., legally or illegally, to leave the country.
There are five broad categories of grounds for deportation:
- Entering the country without proper authority such as a valid visa (called an EWI – Entry Without Inspection)
- Status Violations” which occur when an immigrant violates their terms of admission or works illegally in the United States, such as overstaying your visitor’s visa
- Persons with criminal convictions or membership in certain prohibited organizations, such as one-time felony offenses for which you served more than one year probation
- An individual’s application for asylum before the Asylum Office is referred to the Immigration Court
- An alien who is without status and present in the United States, regardless of arrest and criminal conviction history, a mere encounter is sufficient for a non-citizen to roll over into ICE custody
The Deportation Proceeding
In a typical deportation proceeding, the foreign national in question is arrested and detained by United States Immigration and Customs Enforcement (ICE). Shortly thereafter, the individual will receive a “Notice to Appear” which outlines why the alien should not be allowed to remain in the United States. An ICE official will then determine bond eligibility and a first hearing may be held before a Judge of the Immigration Court, namely Elizabeth or Newark, in New Jersey. It will commence the deportation hearings or removal proceedings, as it is best known. Winning is everything to our firm because your lives truly matter. Ms. Alcalde is your fierce defender. She will do whatever it takes for us to succeed and provide you the safety to live your American Dream.
The Immigration Judge has the sole discretion to grant your relief before the Court in removal proceedings. We must work in complete cooperation to be successful. Every single documented requested of you is a “material” document in support of your relief. It could be the very thing that wins the Judge over to your side. It is never guaranteed but our firm will work diligently to say we gave it our best.
Once your case is granted, you can look forward to our continued guidance in the steps to complete your green card status processing. To apply for naturalization and become a United States Citizen. However, for those sad cases that are lost, the decision of a Judge Ordering Deportation against you is hard to take. You will have an appeal from the immigration judge’s ruling, which may be filed at the Board of Immigration Appeals within 30 days of the decision. It is important to note that the Board of Immigration Appeals makes its ruling on appeals based solely on the printed record of the previous proceeding, the immigration judge’s decision and the attorney’s legal briefs. The immigrant in question is not permitted to testify during the appeal process.
Ms. Alcalde is an accomplished expert in her field. She understands the fear and uncertainty one feels when they or a loved one has been issued a notice to appear for a deportation or removal hearing. Our firm can help you with every aspect of the deportation hearing process including preparation for hearings and drafting necessary documents. With all cases, our immigration law firm will take the time to determine whether there is basis for deportation. If our immigration lawyers find that there is not enough evidence to warrant deportation, we will move quickly to terminate the proceedings – Pereira motion. If there is reasonable evidence to suggest that the removal proceedings are in order, the attorney will help you explore strategies to avoid removal such as obtaining asylum, assisting you in attaining permanent residency status, cancellation of removal or by obtaining a waiver or pardon under the Immigration and Nationality Act. If there is no avenue of relief, we can assist in negotiations which will allow you to leave the country voluntarily rather than under the order of deportation; this action can minimize the long-term consequences of deportation so that you have the opportunity to re-enter the United States in the future. She will do all she can and assist you in determining how best to exhaust your remedies.