1. High Demand: The United States is one of the most sought-after destinations for travel, work, study, and migration. The high demand means a large number of applications, which can lead to backlogs.

2. Security Concerns: Post 9/11, the U.S. visa process has become more stringent to ensure national security. Every visa application undergoes rigorous security checks to prevent potential threats from entering the country.

3. In-depth Adjudication Process: Each visa application is carefully reviewed. The reviewing officer ensures that the applicant meets all requirements for the visa category and will not become a public charge or violate visa conditions.

4. In-Person Interview Requirement: Most visa categories require an in-person interview. Given the large number of applications and the limited number of consular officers, there can be significant wait times just to get an interview appointment.

5. Documentation & Verification: The U.S. visa process requires multiple documents. In some cases, these documents need further verification, which can take time. For example, certain work visas may need labor certification or verification of job offers.

6. Limited Visa Numbers: Certain visa categories, like the H-1B (work visa) or family-sponsored immigrant visas, have annual caps or limits. Once these caps are reached, even if someone is eligible, they have to wait until the next year’s quota becomes available.

7. Administrative Processing: Sometimes, after the interview, an application might be put on hold for “administrative processing.” This is essentially an additional review which can be due to a variety of reasons, including further security checks, missing documents, or other concerns.

8. Local Factors: The facilities, resources, and staff of U.S. embassies and consulates vary from one country to another. In some countries with higher demand or fewer resources, the processing times can be longer.

9. Policy Changes: Immigration policies can change based on the political climate, national security concerns, or other factors. Any sudden change can lead to increased processing times as staff adapt to new procedures.

10. Special Cases: Certain countries or situations might be flagged for more intense scrutiny due to concerns about potential security risks, fraud, or other issues.

It’s important to note that while the visa process can be long and daunting, it is designed to ensure the safety and security of the U.S. while still facilitating legitimate travel, study, and migration. Always consult with immigration experts or check the U.S. embassy or consulate website for the most accurate and up-to-date information on visa processing times and requirements.

About Our Immigration Law Firm

At BestImmigrationLawyer.com, immigration is all that we do, and we do it well. No matter how simple or complex an immigration issue is, we can help. For this reason, we’ve been the law firm of choice for numerous individuals and companies seeking excellent immigration representation. Our legal team is adept at handling any issue and works hard to ensure our clients get the best possible legal representation. Call us today or get in touch through this website and let us help you.

There are very few lawyers in the United States with Patrick Lindemann’s unique experience and accomplishments that practice immigration law. If you’re facing immigration issues and you need the best, you’ll want Patrick in your corner. An exceptional lawyer with deep experience and knowledge in the field of immigration law, Patrick is the first choice for client’s facing serious immigration issues. Based upon his professional background and work history, he has the respect of judges and government officials that deal with immigration matters.

Prior to joining BestImmigrationLawyer.com, Patrick spent over a decade with the United States Department of Homeland Security as a Trial Attorney handling nearly every type of immigration case. This unique experience has equipped Patrick to provide outstanding representation to clients dealing with the American immigration system. Whether you’re a business needing help with business immigration issues or you’re an individual facing deportation, Patrick can help. There are few lawyers with his level of expertise and knowledge regarding the immigration court process and system. Because of this, Patrick is often consulted by other lawyers who need help counseling their own clients about immigration matters. Whether your issue involves a bond hearing, a petition for asylum, adjustment of status, a DACA application or citizenship, Patrick and the BestImmigrationLawyer.com are here to help.

In addition to being a great lawyer, Patrick brings a sense of compassion to every case given his own background as the son of an immigrant. Born in France, Patrick’s mother emigrated to the United States after his father petitioned for her to come to America. This personal background makes Patrick sensitive to the needs and concerns of those facing the American immigration system. Immigration law is complex and the process can be stressful. The stakes are very high. For this reason, it’s extremely important to have a highly knowledgeable and competent attorney, such as Patrick, in your corner. Patrick and BestImmigrationLawyer.com pride themselves on providing honest, compassionate, and skilled representation to each client. For this reason, clients across the United States contact the firm everyday for help.

Patrick is a graduate of the University of North Dakota. He received both his undergraduate and law school education there. While at the University of North Dakota law school, he was a member of the prestigious Law Review. After completing law school, Patrick was admitted to practice law in Colorado. He joined the United States Air Force where he spent approximately 20 years as a lawyer handling interesting and important cases. After honorably serving his country in the Air Force, Patrick served as a tenured professor teaching students a variety of subjects, including immigration law. His professional and educational background makes Patrick uniquely qualified to offer a level of insight and representation to clients in immigration matters that are hard to match. If you want the best legal representation, call BestImmigrationLawyer.com today.

EducationJ.D., University of North Dakota B.A., University of North Dakota Jurisdictions Admitted to Practice All 50 States and Territories Professional & Bar Association MembershipsColorado State Bar American Immigration Lawyers Association

If you’re not an American citizen, or even if you are, you may have found yourself facing the immigration court system at some point in your life, perhaps because you entered the country without documentation or overstayed your visa. There are many misconceptions surrounding the immigration court system, and this confusion makes it much more difficult to navigate through it successfully, no matter what your particular situation is. To ensure that you’re as prepared as possible to navigate through this confusing legal process, take a look at the information below to help you understand how immigration court works.

Who Should Attend?

Immigration court is a formal proceeding, and as such, there are specific rules about who should attend. In general, the person facing removal proceedings should attend, as well as their attorney or representative. Other people who may be allowed to attend include witnesses, character witnesses, and anyone else with helpful information. If you’re not sure whether you should attend, it’s best to err on the side of caution and show up.

Role of an Attorney

When it comes to immigration court, having an attorney by your side can make a world of difference. An attorney can help you navigate the complexities of the legal system, understand your rights, and give you the best chance at winning your case. A recent study found that when immigrants with attorneys went before judges for their final hearing, they were granted relief 84% of the time.

What To Expect During the Hearing

What you need to know about immigration court.

The immigration court process can be confusing and intimidating. This is especially true if you’re facing removal from the United States. Thankfully, there are a few things you can expect during your hearing that may help put your mind at ease.

First, you will be sworn in. This means that you will have to tell the truth during your testimony.

Next, the judge will ask you some questions. These questions will be about your case and why you think you should be allowed to stay in the United States.

After that, it will be the attorney’s turn to ask you questions. The attorney represents the government and is trying to prove that you should be removed from the United States. Your own attorney will be permitted to respond to any arguments made by the government attorney.

Finally, witnesses may be called to testify.

Afterwards, the immigration judge may decide your case on the spot or wait to decide later. In most cases, the judge will make a decision after hearing all the evidence and arguments.

How Long Does It Take?

The average immigration court case takes about 601 days to complete. However, this number can vary greatly depending on the court’s backlog, the type of case, and whether or not the individual has an attorney.

What Happens After I Arrive At Court?

After you arrive at court, you will check in with the court clerk. The clerk will then call your case and you will approach the front of the room. The Judge will ask you questions about your case and may also ask questions of any witnesses that are present. After hearing all of the evidence, the Judge will decide your case.

Can I Bring a Friend/Family Member with Me?

You are allowed to bring one support person with you to immigration court. This person can be a friend or family member. They will have to sit in the spectator section, however, and will not be able to participate in the proceedings.

Contact Us Today And Let BestImmigrationLawyer.com Help You

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. We can help you wherever you are.

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.

This a question that gets asked often and is based upon a certain amount of confusion. The starting point for alleviating the confusion and understanding the key differences between a green card and a visa is understanding that the entire American immigration system is based upon only two categories of persons: immigrants and non-immigrants.

What Is A Visa And Who Can Get One?

A visa, as the term is often used, generally means temporary permission issued to a non-immigrant allowing the person to enter and remain in the United States for a limited period of time with the expectation that the non-immigrant will return to his or her home country prior to the expiration of the visa. For example, students who come to the United States to study, businesspersons who come to transact business for a short period and tourists are all non-immigrants that receive visas. Visas are generally issued at United States Embassies overseas which are part of the United States Department of State.

What Is A Green Card And Who Can Get One?

On the other hand, a person who wants to live in the United States on a permanent basis is given an immigrant visa. Once a person has an immigrant visa, he or she can seek permanent residency in the US by getting a permanent residency card or “green card” issued by the Department of Homeland Security. The card derives its name from the fact that, historically, it’s been green in color. Hence, it came to be known informally as the “green card.” Once an individual is issued an immigrant visa, they can travel to the United States and then apply for a green card. The following persons can apply for a visa and green card at the same time:

• People with immediate relatives who are US citizens living in the US
• Most people applying for employment-based immigration
• An abused spouse or child if the abuser is a US citizen
• Special immigrant juveniles

There are two types of green cards:

1. A conditional resident card (conditional “green card”) lasts for two years and is for foreign investors or spouses of an American citizen who got married less than two years before you received permanent resident status or came to the U.S. on your immigrant visa. A person can’t renew a conditional green card — you have to prove, within 90 days of the card expiring, that you have met the conditions necessary to get a permanent resident card. If you don’t prove this before the card expires, you will no longer have lawful resident status in the United States.
2. A permanent resident card(permanent “green card”) lasts for 10 years. You’ll need to get a new card every 10 years and can submit the paperwork as early as six months before your green card expires. If you let your card expire, your status doesn’t change (so you’re still a permanent resident and won’t be sent home!) but you are breaking the law, because permanent residents are required to carry a valid green card at all times.

Understanding the difference between a visa and a green card requires understanding the difference in categories of persons divided between immigrants and non-immigrants.

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.

The short answer is “yes.”

Can You Sue USCIS If Your Immigration Petition is Taking TOO LONG

One of the most frustrating aspects of dealing with the immigration system can be long delays. The uncertainty of not knowing what the future holds is stressful enough. Adding to that stress can be the long delays often encountered in dealing with a bureaucracy that moves at its own speed.

The good news is that there are legal remedies that can help provide relief. A person can file a Writ of Mandamus which is basically a request to have a federal judge order the government to act and carry out its duty. A number of immigrants and the advocacy groups that help them have increasingly turned to this mechanism to force the United States Citizenship and Immigration Service (USCIS) to act faster.

Anyone that has an immigration application pending for an unreasonable amount of time can file a federal lawsuit. The key is showing that the applicant has “standing” to sue, is suffering harm and the government is taking an unreasonably long time to carry out its duties to act. Many immigrants fear suing the USCIS believing they may anger government officials who, in turn, could retaliate by denying their application. While this is a very legitimate and understandable fear, BestImmigrationLawyer.com has found that generally this rarely happens. Why? Because government officials are rarely emotionally invested in rejecting an application. In the majority of cases, the delays are due to bureaucratic circumstances beyond the government official’s control. The vast majority of government workers are good people doing their best to do a difficult job with limited resources. They understand the stakes are high for most immigrants and that sometimes legal action is necessary to move things along.

Once you decide that a lawsuit is necessary, it is extremely important to have a lawyer that understands how to initiate the suit and properly set forth the facts in a manner that will bring success. At BestImmigrationLawyer.com we have a track record of success of getting the USCIS to act favorably for our clients. We know how to present the evidence and facts in a light that will impress a federal judge to appreciate the significance of what is at stake for our clients. In prior cases, we have achieved success by simply filing the lawsuit without having to do more because USCIS then immediately acted upon our client’s immigration petition.

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. We can help you wherever you are.

The Immigration Act of 1990 added the “P” class of visa to the Immigration and Nationality Act (INA). The “P Visa” is a non-immigrant, limited duration visa that allows persons with high-profile international careers in sports and the arts or entertainment to compete or perform in the US.

Persons who wish to apply for a P Visa must meet certain qualifications to establish their level of international acclaim and, if approved, are then able to apply for the appropriate P Visa.

Persons traveling to the US on a P Visa may bring certain family members and other specified support personnel. The duration of a P Visa coincides with the activity or event that the P Visa holder has come to the US to participate in.

There Are Different Types of “P Visas”

There are 4 types of P Visas:

P-1 Visa – P-1 Visas are for athletes or entertainment groups.

• P-1A – Internationally recognized athletes
• P-1B – Internationally recognized entertainment groups

P-2 Visa – P-2 Visas are for performers who will perform in the US pursuant to a reciprocal exchange agreement between a US organization and an organization in another country.

P-3 Visa – P-3 Visas admit artists and entertainers who come to the US to participate in events where they share their unique culture so others can better understand and appreciate it.

P-4 Visa – P-4 Visas allow the non-immigrant spouse and children under 21 of P Visa holders to accompany them for the duration of their stay.

Qualifications Necessary to Obtain A “P Visa”

The P Visas allow people who have internationally recognized talents or something considered valuable to share to come to the US and participate in events that showcase their abilities. The qualifications for obtaining a P Visa are about demonstrating international celebrity and providing the appropriate credentials. US Customs and Immigration Services (USCIS) lists the detailed eligibility requirements for each type of P-Visa on its website.

Privileges Granted With A “P Visa”

P-1, P-2, and P-3 Visa holders are able to:

• work for the sponsor of their visa until the event, show, performance is complete
• travel in and out of the US
• get extra time for vacation and to participate in promotional activities
• apply for permanent residency
• be accompanied by ‘essential support’ persons who receive the same visa status
• bring their spouse and children under 21 with P-4 Visas
• have spouses and children attend schools and colleges

Limitations Of A “P Visa”

• P Visas are intended to grant temporary residence in the US and those who obtain P Visas must demonstrate that they intend to leave the US when their performance or event has ended.
• Spouses and children are not allowed to work with a P-4 Visa and must apply for a separate work visa.
• A new P-Visa must be issued when a P-Visa holder changes employer, sponsor or agent.
• Initial periods of stay are no longer than 1 year except for P-1A individual athletes.

Length Of A “P Visa”

Most P-Visas, including those issued for support personnel, are issued for an initial period of up to 1 year or until the particular event, competition or performance is completed. Extensions of stay can be granted in increments of up to one year as necessary.

P-1A Visas for individual athletes are the only P-Visas that can be granted for an initial period of up to 5 years. They can be extended for one additional period of up to 5 years but the total stay is limited to 10 years.

Applying For A “P Visa”

To be an applicant for a P-Visa you must have a US employer, sponsor or agent. Your sponsor will file a Form I-529, Petition of Nonimmigrant Worker, on your behalf along with the appropriate fee and supporting documentation.

The documentation that must be provided with your application includes the following:

• report from a labor organization describing the work you will perform and your qualifications (unless there is no labor organization)
• employment contracts
• description and itinerary of the events you will be participating in
• additional documentation specific to the type of P-Visa you are applying for

If you need a P-Visa it’s best to get your application in as soon as possible. Processing times for a P-Visa can take between 3 to 6 months. Premium processing for an additional fee is supposed to get you an answer about your application within 15 days of submission – but that’s not guaranteed.

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. We can help you wherever you are.

What Immigration Laws Say About Domestic Crimes

Under the INA, any noncitizen who is convicted after September 30, 1996, of any of the following domestic crimes may be deported.

• domestic violence
• stalking
• child abuse
• child neglect
• child abandonment
• violation of a protective order issued to prevent domestic violence

Domestic violence means a crime of violence committed against a person that:

• has the use of physical force as an element
• is a felony where there is a substantial risk that physical force may be used in the commission of the crime

In addition, there needs to be a domestic relationship between the noncitizen and the victim that is any of the following:

• current or former spouse
• share a child in common
• have cohabitated like spouses – or similar relationship
• have protected status under any applicable domestic or family violence laws

What Happens To Immigrants Convicted Of Domestic Violence?

When a noncitizen is convicted of a domestic violence crime, the local law enforcement agency may notify Immigration and Customs Enforcement (ICE) that the convicted person is an immigrant. ICE also has access to many law enforcement databases across the US and can mine those resources to identify noncitizens that may be deportable.

Often ICE is there to take custody of noncitizens as soon as they are released from the local law enforcement facility. ICE then detains the noncitizens and begins deportation proceedings.

Possible Defenses to Deportation After A Domestic Violence Conviction

There are some defenses to deportation that may be available if you’re facing removal after a domestic violence conviction whether you’re in the US legally or not. Each defense has specific qualifications that must be met to be eligible to claim the defense.

Many of the defenses are not available to immigrants who have committed aggravated felonies. Aggravated felonies are a category of crimes under immigration law that result in the harshest consequences and those who commit such offenses are rarely able to avoid deportation. A crime of violence is an aggravated felony if a noncitizen receives a sentence of 1 year or more.

• Cancellation of Removal – Cancellation of removal may be available to legal permanent residents (LPR) who have been LPR for 5 years, continuously lived in the US for 7 years, and have no aggravated felony convictions. A domestic violence conviction makes this defense unavailable for those without legal resident status.

• Asylum or Withholding of Removal – Asylum and withholding of removal are similar in that they both provide a way to remain in the US for persons who fear persecution if returned to their home country. Asylum is a more favorable status and is more easily obtained but is not available for those who have committed an aggravated felony. An aggravated felony is not an absolute bar to withholding of removal unless it carries a sentence of 5 or more years.

• Convention Against Torture (CAT) – CAT relief is available to those who can demonstrate a substantial likelihood that they would be tortured if returned to their home country. A deferral of removal under CAT is available despite any kind of criminal conviction. A CAT deferral of removal has few privileges and ICE can detain CAT recipients who are considered a threat to public safety.

• Voluntary Departure – Voluntary departure is not a way to stay in the US but is a way to avoid an order of removal and the limitations on returning to the US that go with it. However, voluntary departure is not available to those who have been convicted of an aggravated felony.

Given the limited options for staying in the US after a conviction for domestic violence, it is far better to get assistance from an immigration attorney when you are facing charges of domestic violence. Why? Because an attorney will know how the charges you’re facing will affect your immigration status and can work to see that you are not convicted of an offense that will subject you to deportation.

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. We can help you wherever you are.

In the early part of the 20^th century, the United States admitted any type of immigrant on a quota basis. The quota system kept out many persons seeking to come to the US for safety including thousands of those terrorized in Germany and Austria during WWII. However, after the war ended the US established its first formal policies regarding people seeking to enter the US in order to gain protection from the circumstances within their own countries.

Gaining asylum in the US is not a particularly quick or easy process. Determinations are made on a case-by-case basis and any number of variables can impact whether asylum will be granted or denied. It’s important that applicants be honest and provide thorough, well-prepared documentation to support a claim for asylum relief. Of course, having the right asylum lawyer helping build a case can make the difference between achieving success or having to face return to one’s home country.

What Is Asylum?

Asylum is an immigration status that can be granted to a refugee. The US has adopted the United Nations (UN) definition of refugee for asylum purposes. In simple terms, a refugee is a person who has a well-founded fear that if he or she returns to the country of nationality or long-term residence it will result in persecution for reasons of:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Through international agreement and national immigration laws, the US has a legal obligation to provide asylum protection for any person qualifying as a refugee and not disqualified for other reasons.

How To Apply For Asylum

Only refugees who are physically present in the US may apply for asylum. There are two primary ways to be granted asylum and they are administered by separate departments within the US government.

1. Affirmative Asylum – A person in the US – whether or not legally – and who is not facing deportation proceedings may file a form I-589 to apply for asylum. Applications for affirmative asylum are processed by US Citizenship and Immigration Services (USCIS) under the Department of Homeland Security (DHS). Absent extraordinary circumstances, under the current law, a person must apply for asylum within one year of their latest arrival in the US.
2. Defensive Asylum – A person who is facing deportation may apply for asylum as a defense to being removed from the US. A person denied affirmative asylum who does not have legal immigration status may again request asylum during removal proceedings. Defensive asylum is determined by the Executive Office for Immigration Review (EOIR) which is part of the United States Department of Justice (DOJ).

What Rights Come With Asylum?

Asylum gives a person the immigration status of “asylee.” An asylee will receive documentation allowing them to remain in the US indefinitely or until they no longer qualify for asylum. A grant of asylum includes benefits to help an asylee get established in the US including the following:

• Work authorization
• Social security card
• Derivative asylum for spouse and children
• Ability to apply for permanent residency after 1 year
• Travel documentation to allow travel outside the US
• Financial assistance and medical services

How To Improve Your Chances Of Getting Asylum

Those who go through the affirmative asylum process to apply for asylum are statistically more likely to have their requests granted. The process involves submitting the application, fingerprinting and background checks, and an interview. Then an asylum officer reviews all of the information and makes a decision. An applicant must:

• Meet the qualifications to apply for asylum
• Meet the requirements necessary to be considered a refugee
• Not be barred legally from applying for asylum

What Can Prevent A Person From Being Able To Apply For Asylum?

An applicant will be denied asylum if:

• The application is filed too late
• There is any evidence that the applicant was involved in the persecution of another for reasons of race, religion, nationality, membership in a particular social group or political opinion
• The applicant was convicted of a “particularly serious crime” and is a danger to the US
• The applicant committed a serious non-political crime in another country
• The applicant is a danger to US security
• The applicant was firmly settled in another country prior to coming to the US
• The applicant has anything to do with terrorist activities

The decision to grant or deny asylum is within the discretion of the officer or officers who review your information. Having the evidence necessary to support your claim or refute anything that might go against you will be critical to getting your request approved.

Don’t give screeners an easy opportunity to deny or delay your application. Review the requirements carefully and make sure you follow the instructions exactly. It is your responsibility to show up for scheduled appointments and keep your contact information current.

If your affirmative asylum is not approved and you do not have legal immigration status, you can still get another opportunity to request asylum. Your application will be referred to the EOIR where an immigration judge will review all of your information again, listen to arguments for and against granting you asylum, and make a determination whether you qualify for defensive asylum. This is a hearing where you will definitely want a strong and competent lawyer on your side making the case for asylum.

Get Help With Your Asylum Application

Immigration is a politically charged issue in the US and the process is subject to significant fluctuations in procedure at the whim of lawmakers. It is nearly impossible for asylum applicants to navigate such a complex, ever-changing process without the assistance of an attorney experienced in immigration law and up to date on the most recent changes regarding asylum law.

Immigration requirements may seem stringent but no country can accept every person who would like to be allowed within its borders. Those who seek refuge in the United States for legitimate reasons of persecution in other countries deserve the protections they are legally entitled to receive and improve their chances of success when they provide complete and detailed information.

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.

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.