Any immigrant, including green card holders, who has not become a US citizen is subject to removal proceedings if found violating immigration laws or participating in criminal conduct. If you have been issued a Notice to Appear, you have been assigned a hearing in immigration court.
An immigration judge will hear your case and consider all evidence before providing a decision on whether to issue an order of removal or allow you to stay in the US. Consult with an immigration lawyer to evaluate the best method to win your case and remain in the US. Seek immigration counsel immediately. Undocumented immigrants with convictions on their record are not necessarily guaranteed to be deported.
The federal government must have grounds to begin the removal process of a foreign national. For instance, the severity of the offense committed is a substantial factor on whether the individual has the possibility to avoid being removed from the country. The definition of crimes of moral turpitude is not black and white—these crimes stem from long precedent but are also ever-evolving with time.
The state in which the crime was committed may be a substantial factor, too. According to the INA, crimes of moral turpitude generally involve the element of purpose or intent to harm persons or things. Obtain a lawyer to research the particular crime you are convicted of in order to assess whether you are at higher risk of facing deportation proceedings.
In order to avoid any risk of removal, your number one priority is to protect yourself! Do this in two ways: 1 Be good; and 2 Get your citizenship. The federal government needs to show grounds for deportation of an individual. Obey immigration laws and avoid any criminal conduct. If you are facing any criminal charge, the court must identify whether you are a US citizen or non-citizen. If you are an undocumented immigrant or a foreign national with a criminal conviction, your case will be brought to the attention of immigration authorities and the Department of Homeland Security will commence the removal process.
It is critical to naturalize as soon as you can. Once you are granted your US citizenship, the stress and worry of removal will cease.
Deferred action. This is an agreement by the U. It is applied on a case-by-case basis, and has become much harder to get since the Trump election. You would need to speak to the government attorney handling your case to negotiate this relief. Prosecutorial discretion. This is a decision by the government agency that is trying to deport you to stop trying to do so. If you receive prosecutorial discretion, you may be able to apply for work authorization but will not be eligible for other benefits such as the right to travel.
Usually, persons whose cases are closed based on prosecutorial discretion do not have a criminal record, but there are no set-in-stone rules about who can receive this benefit. Like deferred action, prosecutorial discretion is harder than ever to get, and must be discussed with the government attorney handling your case. Private bills. Laws passed by the U. Congress can help an immigrant receive relief from deportation.
This occurs very rarely and only if there are highly sympathetic facts. Private bills are usually an option only if no other forms of relief are available. There could be other defenses and forms of relief that apply to your particular case.
It therefore makes a lot of sense to hire a licensed, competent, and experienced attorney if you are in removal proceedings and wish to avoid deportation. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.
Lawyer Directory. Call us at 1 Home Legal Information Immigration Deportation. Protect yourself from deportation from the United States. For example, their status might be: permanent residents with a green card nonimmigrants with a valid visa or other right to remain in the U. Here are some of the best ways to protect against being removed from the United States.
For Protection: Get Naturalized U. Citizenship as Soon as Eligible Someone who has become a U. Avoid Criminal Convictions Nonimmigrants, and even permanent residents who are convicted of certain criminal offenses such as fraud, drug possession, drug and weapons trafficking, rape, murder, manslaughter, and a slew of others can be placed in removal proceedings, have their status taken away, and be deported from the United States. If Undocumented, Know Your Rights When Confronted by Government Officials The main group of persons subject to deportation are undocumented, often called " illegal aliens or immigrants ".
Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer? Start here. Most criminal convictions bar you from this type of cancellation of removal since you cannot show good moral character. These convictions include: any conviction resulting in imprisonment for days or more; any drug conviction; any aggravated felony; and others.
There are special rules if a person has suffered battering or extreme cruelty from a U. For example, a battered spouse can apply for cancellation of removal after being in the U.
In addition, people suffering abuse from a U. Voluntary departure allows you to leave the U. This makes it easier to return legally to the U. Most criminal convictions make it difficult to receive voluntary departure, however. You may request voluntary departure in Immigration Court at the beginning of your case if you are not removable for terrorist activities or for an aggravated felony see page If you request it at the beginning, you do not need to show good moral character.
This means that even if you have a criminal conviction, you may still be able to get voluntary departure. At the end of your case after you have presented any other defenses to deportation , you may receive voluntary departure if you:. Refugees who have a criminal conviction and never applied for adjustment of status to get a green card may apply for a refugee waiver.
You apply for the waiver on Form I and for adjustment of status on Form I You must show humanitarian reasons why you should not be deported. You should include a declaration about why you fled your country and the harm you face if deported, human rights reports that support your declaration, and declarations from family and others who know the situation. This waiver does not apply if the government has a reason to believe you are or have been a drug trafficker, or a security or terrorist threat.
Arrests on suspicion of drug distribution can be a problem even if charges were dismissed. If you think you can apply for a refugee waiver, be sure to tell the Immigration Judge. You have the right to an interpreter.
Show Endnotes Hide Endnotes. There are only a few defenses against deportation from the U. S: 1 Citizenship Immigration cannot remove a U. You may be a citizen if: you were born in the U. You must: have been a lawful permanent resident had a green card for at least 5 years; have resided in the U.
This law applies to cases started on or after April 1, So, you cannot apply for cancellation of removal if you have an aggravated felony which includes possession with intent to distribute drugs. See Ground of Deportation for Criminal Convictions Cancellation also waives gun possession or crimes of moral turpitude. If you pled guilty before then, you may be able to apply for a 2 12 c waiver if: you are a lawful permanent resident have a green card you have lived in the U.
If you were a minor when your parents had their green cards but you did not have yours yet, you may be able to add the time your parents had green cards to the time you had yours to equal 7 years.
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