Understanding Deportation and Removal Proceedings in General

Firstly, it is important to note that the terms “deportation” and “removal” actually mean the same thing. The technical legal term for deportation is removal. Unless you are a citizen of the United States, a wide range of occurrences can lead to your removal. The most common reasons why people are removed from the United States is due to the violation of either criminal laws and/or immigration laws. If a non-citizen is subject to removal, they are notified by Immigration and Customs Enforcement (ICE) that they need to appear for a removal hearing. If the initial information that determines the non-citizen is removable is verified, that non-citizen will have the opportunity to apply for various forms of relief which may allow them to remain in the United States. One main form of relief is an immigration waiver. A waiver is a form of clemency for a specific immigration violation. If a waiver is granted, it can give a legal forgiveness to an issue that would typically bar the ability to gain and keep lawful permanent residence in the United States.

COMMON TYPES OF IMMIGRATION WAIVERS

There are a number of waivers available for different scenarios, the most common waivers are:

• Waiver for Criminal Grounds or Immigration Fraud
• Extreme Hardship Waiver
• Waiver of Inadmissibility
• Waiver of Unlawful Presence Bars

Whether you are deemed inadmissible for committing a criminal offense, committing immigration fraud, or have already been deported, you may be eligible for a waiver. There are a wide range of waivers available that will allow you to stay in or enter the United States legally. Did you know that some immigration violations can lead to bars from reentry into the United States for a period of years that can also be permanent? It is important to understand that the only way that a waiver will be granted is if you are first eligible for the waiver, and that you present your argument for your waiver in the most complete and effective way possible. Most attorneys that do not have significant experience dealing with immigration law and immigration courts find it difficult to properly help their clients with applying for and being successful in getting a waiver. In many cases a waiver is only granted if the person seeking the waiver would suffer an “extreme hardship” if that waiver is not granted. Types of extreme hardship include medical issues involving family, financial issues involving family, and political problems in the non-citizens home country. If a non-citizen facing deportation is able to show that their country is in an active state of war for example, and it is not safe for them to return, then they may qualify for a waiver.

HOW DOES THIS AFFECT ME?

If you are not a citizen of the United States, this can affect you directly. The only people who are not subject to removal from the United States are natural born citizens of the United States. Even people who were born outside the United States and are naturalized citizens have the potential to have their citizenship stripped and be removed as well in specific situations. If you are facing the potential of deportation and removal, it is important that you speak to an experienced deportation and removal attorney immediately. You may be eligible for a waiver which could not only prevent you from being removed, it may then result in you getting awarded status as a legal permanent resident or naturalized as a United States citizen.