Removal proceedings, or deportation proceedings, occur when the United States detains and removes a non-citizen from the country. They can be among the most frightening things a non-citizen will face. If the proceedings are successful, the non-citizen must return to his or her home country, disrupting families and lives. In many instances, the immigrant has not lived in the home country for years and may not know how to function or live there.
When someone faces potential removal, a seasoned immigration attorney could craft a defense to keep him or her from being deported. Not every option is available to every person. One role of a Berwyn cancellation of removal lawyer is determining which options are appropriate for the situation.
One of the most common reasons for deportation proceedings is a visa violation. An immigrant’s visa not only sets up the time limit for the person’s visit to the U.S. but also outlines the conditions under which he or she can be in the country. For example, visas for employment or school require people to be in that job or attending classes.
Somebody can link the other reasons for removal proceedings to criminal behavior or other dangerous behavior. Some of the reasons that immigrants may face detention and removal include participating in crimes such as:
An attorney in Berwyn could examine the reasons for removal, provide advice based on the reason, and create a defense to cancel the action.
When a non-citizen faces criminal charges, especially for aggravated felonies or violent crimes, he or she should anticipate removal proceedings if convicted. Therefore, one of the best ways to avoid deportation is to avoid conviction for the underlying offense.
People convicted of aggravated felonies are the least likely to avoid deportation. Aggravated felonies do not include all felony offenses. Instead, they include offenses that the government considers particularly serious. Violent crimes like murder or rape, sex crimes against minors, drugs or weapons trafficking, treason, espionage, money laundering, and tax evasion are examples of aggravated felonies. To avoid deportation, working with a Berwyn criminal defense lawyer in conjunction with an attorney experienced in canceling removals can be essential.
When the underlying reason for removal is one of these criminal defenses, only one argument can lead to cancellation of removal. That argument is based on a legitimate fear that the person will face murder or torture if he or she returns to their home country.
Canceling removal proceedings is much easier when the person has not committed an aggravated felony but has overstayed a visa, entered the U.S. illegally, or violated other provisions of U.S. immigration law.
Not every Berwyn immigrant qualifies for cancellation of removal. For legal permanent residents, cancellation of removal requires seven years of continuously residing in the U.S., at least five years as a lawful permanent resident, and no aggravated felony convictions.
Nonpermanent residents must have been physically in the U.S. for at least 10 years, have never been convicted of most crimes, and be able to prove good moral standing. In addition, they must demonstrate that their removal would cause an unusual and significant hardship to a relative — spouse, child, or parent — who is either a citizen or permanent resident.
Each removal proceeding is specific to the details of the case. Even if an immigrant does not believe he or she qualifies for cancellation of removal, he or she should consult a Berwyn cancellation of removal lawyer. The lawyer can evaluate the facts of their case and help develop a strategy to prevent deportation.
