The law known as Deferred Action for Childhood Arrivals, commonly referred to as “DACA,” was passed 10-years ago this month (June 15, 2012) during President Barack Obama’s Administration. DACA protects individuals who arrived in the United States as children and affords them legal protection from deportation, along with giving them the right to work. While the law was a significant step in the direction of providing protection to a large class of people living in the United States, immigration advocates have fought hard since the passage of DACA to provide recipients with a pathway toward permanent legal residence or citizenship. The proposal to allow DACA recipients a pathway toward citizenship is known as the “Dream Act” and DACA eligible recipients are often referred to as “Dreamers.”

On the 10^th anniversary since the passage of DACA, there is now renewed calls for passage of the Dream Act. Commenting on the need for passage of the law, United States Senator Alex Padilla of California stated “Dreamers put their health, that of their families, on the line for the rest of the nation during the pandemic. They deserve better than to live in uncertainty, or fear in change of status or possible deportation.” California is home to more immigrants and “Dreamers” than any other state.

During the administration of President Donald Trump there were challenges to DACA. However, the United States Supreme Court left the law intact and rejected those challenges. Many now fear that the Supreme Court, in light of the recent ruling striking down the Roe v. Wade decision, could change its position. For that reason, immigration advocates have renewed calls for passage of the Dream Act. Summarizing the view of many, Congressman Dan Newhouse of Washington commented “Congress can no longer continue to kick this can down the road, we have to have a permanent solution signed into law.”

More than 500 college presidents and leaders of major corporations have joined the chorus of advocates calling for passage of the Dream Act. Although the law has been introduced 11 times in Congress, with bi-partisan support from both Democrats and Republicans, it has yet to become law.

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you with any immigration issue, including DACA. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

If you’re facing deportation, more formally referred to as “removal proceedings,” you may be afraid of being forced to return to the country you left and be forced from the United States which you now consider your home. It’s important to understand why you may have to leave the US and what rights you have to try and remain here.

In recent times, immigration enforcement has become a government priority. There is not a day that goes by without some aspect of immigration being discussed in the news. Having competent legal representation to protect your rights is very important. This blog is intended to help you understand some of the various aspects of deportation law.

1. Who Can Be Deported?

Any person who is in the US and is not a citizen can be removed. Persons can be deported who:

• Were inadmissible when they entered the US
• Violated the terms of their visa or other immigration laws
• Violated criminal laws
• Are a threat to public safety
• Need to rely on public assistance

2. How Are Deportation Proceedings Started?

Deportation proceedings often begin in one of two ways – either by arrest or upon receipt of a Notice to Appear (NTA) in federal Immigration Court. Immigration laws are enforced by Immigration Customs Enforcement (ICE) – the enforcement agency within the Department of Homeland Security (DHS).

ICE has the authority to detain and question individuals about their immigration status. ICE may also receive information from local law enforcement that leads to the arrest and detention of those suspected of immigration law violations.

When a person applies for some type of legal immigration status with US Customs and Immigration Services (USCIS) and has their application denied, USCIS may notify ICE that the applicant does not have lawful immigration status.

Another agency, US Customs and Border Protection (CBP) – also under DHS – may determine that a person attempting entry at a US border is not eligible for entry and should be deported.

3. What Happens During Deportation Proceedings?

Once an agency within DHS identifies a noncitizen that is to be deported it must select which deportation proceedings to use and the level of priority to give the deportation. DHS has the discretion not to deport someone even if the person is deportable.

Deferred action is the status of a noncitizen who DHS has decided not to put through deportation proceedings – yet. During the temporary period that a deferred action is effective, a noncitizen is considered lawfully present in the US. A grant of deferred action can be renewed or it can be terminated at any time.

If DHS decides a noncitizen is a priority to deport there are two types of deportation proceedings that may be used. Most often persons already in the US will receive a notice to appear in an immigration court and a chance to present a defense to their removal. Persons who are detained by CBP are typically put through expedited deportation proceedings that do not include appearing before a judge.

1. Immigration court removal proceedings – In these proceedings an immigration law judge hears arguments from DHS to prove a noncitizen’s illegal immigration status. Then the noncitizen may provide reasons why legal immigration status should be granted. A noncitizen is allowed to have an attorney – though is not provided with one.

1. Expedited removal – Under current law and process, a noncitizen anywhere in the US that does not have proper documentation can be put through expedited removal. The process is conducted by an immigration officer and typically the noncitizen appears without an attorney and can be deported within a few hours.

There are two ways that a noncitizen can avoid expedited removal.

• Show proof of having lived in the US at least 2 years prior to apprehension
• Claim to be a refugee seeking asylum in the US

4. What Are The Defenses To Deportation?

Depending upon the reason that a noncitizen is facing deportation, there are several defenses that may apply and allow a noncitizen to avoid removal and gain legal immigration status.

• Prove you are a US citizen
• Waiver and cancellation of removal – usually applies to those being deported for criminal activity
• Claim asylum or relief from torture
• Adjustment of status – a noncitizen can become a permanent resident based on US family connections
• Voluntary departure – avoids order of deportation and restrictions on returning

Each defense has specific qualifications that must be met. The appropriate defense will depend on the circumstances of each particular case. Having competent legal representation is often the difference between those who successfully defend removal and those who end up being forced to leave the US.

5. What Happens If You Get A Final Deportation Order?

A noncitizen who is denied the right to remain in the US will be issued a removal order. The removal order can be appealed to the Board of Immigration Appeals (BIA), then to a Federal Circuit Court, and finally to the US Supreme Court. The process could take weeks, months or even years. The removal order will be suspended while the appeal is being considered.

If all appeals are exhausted and a noncitizen is issued a final order of removal, DHS will make arrangements to return the noncitizen to his or her country of citizenship. During this period of time a noncitizen may be detained for a specified period or may be released under an order of supervision and allowed to work in the US.

A noncitizen has one last possibility to stop the deportation. An application can be made to ICE for a stay of deportation or removal. The authority to grant or deny the stay is completely up to DHS and is typically granted for humanitarian reasons. Again, having a really good lawyer helping can make the difference between success or failure.

6. When Can A Noncitizen Return To The US After Being Deported?

How long a noncitizen must wait before attempting to enter the US again depends on how and why the noncitizen was removed.

• 5-year wait – if removal was initiated from an entry attempt at a US port of entry
• 10-year wait – if the removal order was issued by an immigration court
• 20-year wait – if the removal was for conviction of an aggravated felony or there has been a previous order of removal

CONTACT US TODAY FOR HELP

The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

When filing for a family member, whether as an immediate relative or under a family-based preference category, it’s important to remember that there’s a deadline to apply for a “green card” after the I-130 is approved. It’s also important to understand the general process, especially when adjusting status (interviewing in the U.S.) versus consular processing (interviewing at a U.S. consulate).

Waiting for a Visa Number

If the United States Citizen petitioner and green card applicant are in the U.S., the I-130 can be filed with the United States Custom and Immigration Services (“USCIS”) agency. In a family-based preference case, after the I-130 is approved, the case is then transferred to the National Visa Center (“NVC”) for a visa number to become available.

When the visa number finally became available, the NVC will send a notice (to the foreign national’s address on file – which highlights the importance of always making sure an updated and accurate address is on file!), notifying him or her that a visa is available, providing a case number, and instructing him or her how to pay the immigrant visa fees.

I-130 Approval

Always read the paragraphs on the I-130 approval notice. It’ll tell you whether the foreign national can adjust status in the United States or whether the foreign national must consular process (meaning process through a U.S. Embassy). Always keep your address current with the NVC. When the priority date becomes current, apply for an immigrant visa before one-year passes.

Also, notify the NVC if you decide to adjust status (instead of consular process). If for whatever reason, you cannot file within a year, contact the NVC to inform them that you’re unable to file. Continue to contact NVC on a yearly basis in order to preserve the validity of the I-130. Failure to follow up can be construed as abandonment which may lead to cancellation of the I-130.

When I-130 Is Revoked

In certain circumstances, the I-130 can be automatically revoked. Revocation can occur based upon any of the following: if a family member withdraws the I-130, if the petitioner or beneficiary dies, upon legal termination of a marriage, if an unmarried son or daughter of a lawful permanent resident marries, or simply due to inaction.

Where there is inaction on an immigrant visa case, the NVC can legally revoke the I-130 approval. The NVC is only obligated to send you two (2) notices before it can revoke the petition. If a petitioner dies after the I-130 is revoked, the government is under no obligation to notify you that the petition has been revoked. This makes sense since the NVC would not know of the petitioner’s death unless it was reported. If you’re unsure whether your I-130 has been revoked, contact the U.S. Consulate where the case was being handled or call our offices for a case evaluation by phone.

Contact BestImmigrationLawyer.com Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled, and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. Our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas.