Deportation and Removal
Deportation is judicial process whereby the
United States takes action to remove individuals
from the United States. Individuals may face
deportation from the United States for many reasons
including overstay of authorized time on a visa,
working without legal authorization, unlawful entry,
fraud and criminal violations. The person may be
detained during the process or may be released with
or without bond.
There are several forms of relief from removal
which include applications for asylum, cancellation
of removal, discretionary waivers, withholding of
removal and relief under the Convention Against
Torture and voluntary departure. The type of
defenses available will vary depending on the
specific circumstance of the individual’s case.
Removal proceedings are always a very serious
process with major consequences for the individual
involved and their families. An order of removal
could mean that a non-citizen cannot return to the
United States for a time from 5 years to life.
It is essential that an individual in proceedings
obtain competent legal advice in order to know their
rights and achieve the best possible outcome under
the circumstances of their case.