Deportation, Removal, waiver, Criminal Immigrant

(1)Detention

    1. People subject to removal are detected and detained in the following ways
      1. Stopped at the airport after traveling abroad
        1. If you have a criminal conviction, you should consult an immigration attorney before traveling abroad to make sure that you will be able to re-enter the U.S.
      2. Interviewed while in Jail
      3. Immigration application
        1. If you have a conviction that makes you removable, your application is likely to be denied and you very likely will be placed in removal proceedings.
      4. Prior orders of deportation

(2) Immigration Court Proceedings

    1. Removal Proceedings- three step inquiry
      1. Whether you’re removable because you have triggered one of the grounds of inadmissibility or deportability in immigration law.
      2. Whether there’s “relief” available to you such as asylum, adjustment of status, and waivers
        1. Cancellation of removal for lawful permanent resident
        2. Cancellation of removal for non-LPRs
        3. 212(c) waiver
        4. 212(h) waiver
        5. Asylum
      3. Whether you have met the legal and discretionary standards to be given that form of relief.

(3) Appeals to the Board of Immigration Appeals (BIA)

    1. Notice of Appeal must actually be received in the BIA within 30 days of the judge’s decision

(4) Bars to Reentry

    1. Once a person is removed, he or she is barred from returning to the U.S. for a period of time as follows:
      1. Removed on inadmissibility grounds – 5 years
      2. Removed on deportation grounds – 10 years
      3. Removed for an aggravated felony or controlled substance offense – permanent
Source: the Immigration Law Unit of the Legal Aid Society


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