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What Happens During The Deportation Process?

  • Wade Christiansen
  • Fri, 04/18/2014 - 11:06am

Legal immigrants to the United States are allowed to remain in the country with the understanding that they must fully comply with all immigration laws and other federal, state and local laws during their time here. If an immigrant is found to be in violation of any immigration law, or is determined to be an illegal immigrant within the U.S., then the individual may face deportation proceedings. Deportation or removal is the formal process of removing an alien deemed removable from the U.S. for violating immigration law or criminal statutes.

The deportation process for an immigrant within the U.S. begins with two specific issues – determining whether the individual is legally removable based on charges and evidence presented, and then whether that individual is eligible for relief from deportation. An Immigration Judge assigned to each specific case oversees these proceedings. The Judge also makes rulings on removability and any applications for relief from removal, and imposes and enforces various filing requirements and deadlines.

The Immigration Judge may declare an immigrant removable if the individual has committed a crime, overstayed a visa, or entered the U.S. illegally. An immigrant may still face a deportation process even after living in the U.S. for many years. Even lawful permanent residents are subject to potential deportation depending on the circumstances. Immigrants who become naturalized U.S. citizens cannot be deported or removed from the U.S., but all non-U.S. citizens remain subject to potential deportation at any time.

Immigrants have certain legal rights during the deportation proceedings, such as the right to legal counsel, the right to present evidence in their defense, the right to have opposing witnesses cross-examined, the right to examine evidence presented against them, the right to access all testimony and evidence produced, and the right to appeal decisions made by the Immigration Judge.

Immigrants deemed removable by the Immigration Judge have the opportunity to identify their eligibility for legal relief from deportation. The Immigration Judge will review all evidence and documentation supporting the specific kind of legal relief being sought.

There are many forms of immigration relief available to those facing deportation proceedings, but many immigrants are unaware of the various forms of relief, how they apply to the circumstances of their case and how to properly present their case for relief. Additionally, some immigrants choose legal counsel that is unfamiliar with U.S. immigration laws and procedures, and their inexperience can cost the immigrant their chance to fight deportation and remain in the U.S.

Christiansen Law Firm specializes in providing exceptional legal services to individuals facing deportation, with years of experience aggressively representing clients throughout Houston, San Antonio and Lufkin. The immigration attorneys of Christiansen Law Firm can assist clients facing deportation for visa expiration issues, criminal activity, illegal entry into the U.S., or other charges. Christiansen Law Firm can help clients through each step of the deportation process, such as contesting removability, determining eligibility for legal relief, and gathering witnesses and evidence to support their relief request. Christiansen Law Firm strives to help immigrants through the complex and lengthy deportation process through their years of experience in immigration law. Contact Christiansen Law Firm today for a free consultation regarding the deportation process and your legal rights.

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