New York Deportation Defense Lawyer
Deportation, also known as removal, is the formal legal process during which the United States government orders a non-citizen to be removed from the country. There are a variety of reasons why a removal may be ordered, nearly all of which involve a violation of U.S. immigration law. The deportation process can be extremely difficult, emotionally complex and frustrating.
Removal proceedings will first begin with the U.S. Citizenship and Immigration Services (USCIS) and can be filed against any non-citizen, including nonimmigrant visa holders and green card holders. The case will then be held in an immigration court overseen by the U.S. Department of Justice (DOJ). Depending on the circumstances involved, the defense plan or actions taken and a number of other factors, a judge may rule that deportation be dismissed or proceed as planned. Immigration and Customs Enforcement (ICE) is the agency responsible for carrying out removal orders.
Grounds for Removal
The Immigration and Nationality Act lists six major categories that can subject a non-citizen to deportation. These include:
- Inadmissibility at time of entry or adjustment of status, or violations of status
- Criminal charges
- Failure to register or falsified documents
- Terrorism or security threats
- Become a public charge or primarily dependent on the government
- Unlawfully voted
