Deportation is the most severe penalties under U.S. Immigration law. Some years, more than 400,000 people were deported from the United States. Some of the people that received deportation orders were convicted of very serious crimes. Others, were caught living and working in the United States without permission. Under either circumstance, an order of removal from the United States is a very severe immigration law sanction. As a Las Vegas Deportation Lawyer in Las Vegas, Robert West can analyze your situation to determine if you have an opportunity to stay legally in the United States.
Many non citizens come into the custody of Immigration and Customs Enforcement or ICE. ICE determines initially if you are eligible for an immigration bond and how much they want in order to release you. By statute, the minimum or lowest immigration bond is $1,500.00. In Las Vegas, ICE usually places a higher bond than $1,500.00 in many instances. What if the immigration bond is too expensive? The only option then is to hire an immigration lawyer to go the U.S. Immigration Court and participate in a bond reduction hearing. There, as a Las Vegas Immigration Lawyer, I will ask the Immigration judge to reduce the immigration bond in order for a detainee to be released. What if ICE refuses to place an immigration bond? In some instances a person is subject to mandatory detention. Then, only ICE could release the person under the most stringent circumstances. In other cases, ICE can refuse to place an immigration bond and then you will need to have an Immigration Attorney request an initial bond hearing. The Immigration Lawyer will request a re-determination of ICE’s refusal. An Immigration Judge may determine that a bond is appropriate but the dollar figure could be more than $10.000.00. If your relative, friend, or employee is detained, contact Las Vegas Immigration lawyer Robert West to see what if anything can be done to help a person secure release from ICE custody.
There are two main defenses against deportation from the United States. First there is cancellation of removal. This type of relief cancels the deportation and allows the person to remain in the United States as a Permanent Resident.
Permanent Residents of the United States may use this defense if they have seven years total residence in the U.S. in any status and five years as a Permanent Resident. Non Permanent Residents can also use this defense if they have been continuously present in the United States for a period of not less than ten years, a person of good moral character, not convicted of most types of crimes, and can prove that their spouse, parent, or child who is a United States Citizen or Permanent Resident would suffer exceptional and extremely unusual hardship if he or she was deported from the United States. There are many rules associated with cancellation of removal and this information is only the starting point to see if one qualifies for the relief.
Next, there is Adjustment of Status. This form of relief can make a person a Permanent or Conditional Resident of the United States. This type of relief can be based on a family or employment-based petition. Also, in some cases where a person is already a Permanent Resident, a person can readjust their status if their offense is deportable but not inadmissible.
Lastly, there are other forms of relief such as Asylum and Withholding of Removal. However, the most common types are those that are described above. If you need help from a Las Vegas Deportation Attorney because you or a loved one has been placed in removal proceedings, please contact us today.
How Do I Know If I Am In Danger Of Being Deported?
If a foreigner entered the United States with no visa, if they have overstayed their visa, or if their work visa has expired, then they are at risk of being deported. Immigration authorities tend to prioritize the deportation of individuals who have overstayed their visas. However, any foreigner who has committed a crime while in the US—especially a felony crime—has the highest risk of deportation. Read More
What Is Withholding Of Removal?
Withholding of removal withholds removal or deportation proceedings for a foreigner who is in the United States. It may be granted to an individual who would have qualified for asylum-based relief had they not missed the deadline to apply. The downside of being granted withholding of removal or deportation is that it only allows for a foreigner to obtain, renew, and pay for a work permit each year. It also bars the foreigner from leaving the country at any time; if the foreigner were to leave the country, they would be unable to re-enter. Read More
What Are The Common Grounds For Deportation?
The grounds for deportation can vary depending on whether the person is a permanent resident or not. If the person has no residency status they can get picked up by ICE, which is basically the immigration police. For example, let’s say they came here without permission or they came on a visa that has now expired. Either of those would be grounds for removal, because the person would not have any legal basis for staying in the country. They would be even more likely to be deported if they had committed crimes, but even without committing any crimes they could still be removed. Read More
What Are The Requirements For Cancellation Of Removal?
There are two types of cancellation of removal, one for permanent residents and one for non-permanent residents. For permanent residents the requirement is seven years total residency in the United States and five years as a legal permanent resident prior to the incident they’re trying to remove you for. If you meet those basic requirements then you file an application with the court and the Immigration judge will make a decision at your merits hearing or individual hearing. You can bring witnesses and provide documents to support the application. A judge will evaluate the pros and the cons, and if the pros outweigh the cons then the judge can grant the cancellation of removal. Read More
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