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 who are in deportation or removal 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:
Deportation/ Removal Defense
- Entering the country without proper authority such as a valid visa
- “Status Violations” which occur when an immigrant violates his or her terms of admission or works illegally in the United States
- Persons with criminal convictions or membership in certain prohibited organizations
- An individual’s application for asylum has been denied
- An alien who becomes a public charge within five years of entering the United States. Public charge determination describes immigrants who depend on public benefits that provide cash such as Temporary Assistance for Needy Families or Supplemental Security Income for subsistence.
In removal proceedings, an individual is served with a Notice to Appear (“NTA”), which details the Government’s reasons why the alien should not be allowed to remain in the United States. The individual appears before an Immigration Judge to set forth his/her case as to why he/she should be allowed to stay.
If the Immigration Judge denies the individual’s case, the individual has 30 days to file an appeal with the Board of Immigration Appeals. 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 documents submitted during the initial removal proceedings.
Christophe Law Group, P.C. has an excellent litigation department comprising of attorneys who have vast range experience practicing before Immigration Courts across the United States.
If you have recently been issued a Notice to Appear or are already in proceedings and need legal representation, contact our office today to set up an appointment for a consultation.
The attorneys of Christophe Law Group, P.C. assist clients throughout the greater New York and New Jersey area including Manhattan, Queens, Brooklyn, the Bronx, Staten Island, Westchester, Jersey City, Hoboken, Union City, Weehawken, West New York, Secaucus, North Bergen, Bayonne, Newark, Cliffside Park, Harrison, Edgewood, North Arlington and Rutherford.