Deportation Defense & Waivers
If you or someone you know is facing deportation it is important to consult an experienced attorney in both criminal defense and immigration issues. We have experience representing non-United States Citizens in both criminal proceedings and immigration proceedings. We are familiar with the immigration consequences of criminal convictions. We represent our clients in Criminal Court Proceedings, Immigration Court Proceedings, United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) relating to visa issues and necessary waivers.
What things make someone “inadmissible?”
What criminal convictions make someone “inadmissible?”
What can you do if the government says you are “inadmissible?”
How can you fight a removal case?
What might make you “deportable?”
How do “removal” cases with the immigration judge work?
What can you do to stay in the United States if you are “deportable?”
Who can help with your ‘removal’ case?
What happens when your ‘removal’ case is finished?
There are two lists of reasons that someone can be refused a visa, denied permission to enter the United States, or removed from the country. Reasons on the first list are called “grounds of inadmissibility.” They apply to people who are trying to get a visa—whether at a U.S. embassy or consulate, or through “ adjustment of status. ” They also apply to people who are trying to use their visa or “greencard” to enter the United States through an airport, seaport or land border crossing. They even apply to certain people who are already inside the country if they did not enter legally.
The second list applies to people who are already inside the country. Things on the second list are called “grounds of deportability.” The grounds of deportability apply to people who are here legally and to people came here legally but no longer have legal status. If the government decides that there is a ground of deportability that applies to someone, they will start removal proceedings against that person in immigration court. “Removal” is a legal term that replaced “deportation” in 1996. There are some very technical legal distinctions between removal and deportation, but most of those differences are not important to understanding the removal process in general terms.
What things make someone “inadmissible?”
There are many grounds of inadmissibility, including certain diseases, lack of financial support or an ability to support yourself, past immigration violations, criminal convictions, misrepresentations (lies or fraud) made to the U.S. government, and others. Some can be forgiven ("waived"); others cannot. The most common grounds of inadmissibility that can be waived are misrepresentations and criminal convictions. Two examples of misrepresentations that can make you inadmissible are a lie that you told on a visa application or using someone else’s visa or green card to enter the country. You can only qualify for a waiver of a misrepresentation if you have a parent, spouse or child who is either a U.S. citizen or lawful permanent resident. To actually get the waiver, you need to show that those family members would suffer “extreme hardship” if you were not given your visa or allowed to enter the country legally.
What criminal convictions make someone “inadmissible?”
There are many different kinds of criminal convictions that can lead to inadmissibility. Violent crimes and drug crimes make it very difficult or impossible to get a visa. Theft and fraud crimes are also very serious and may make you inadmissible. It is important to realize that serving your criminal sentence and completing probation does NOT make a difference in how the conviction affects your immigration status. Sometimes admitting criminal activity can make you inadmissible, even if you were never arrested or charged with a crime. If you are facing criminal charges or have a criminal conviction it is important to consult with an experienced attorney versed in both criminal defense and immigration issues.
What can you do if the government says you are “inadmissible?”
Some grounds of inadmissibility can be excused—or “waived”—by the government. Some cannot. The requirements for getting a waiver depend on the ground of inadmissibility that applies in your case.
If any of the things mentioned above applies to your case, you should talk to an immigration attorney with experience in these types of cases BEFORE you contact U.S. immigration authorities. If you have already applied for your visa and an immigration officer thinks that you are inadmissible, he /she will tell you. He should also tell you if you are eligible for a waiver; but immigration officers are human and they make mistakes. If you have been told that you cannot be given a visa, talk to an immigration attorney about your case to see if the government made a mistake.
There are different types of waivers available for different grounds of inadmissibility. Your eligibility for a waiver will depend on varying iactors—like any history you have living in the United States, any family members you have here, how recently your immigration violation or conviction occurred, and others. An immigration attorney with experience on waiver cases will be able to tell you about all of the factors that will be considered in your case and will be able to put together the strongest possible application for you.
How can you fight a removal case?
The first thing to know about removal cases is that different rules apply depending on when and where you were caught by immigration officers. If you were caught at the border when you were trying to cross into the country (or if you entered the country illegally and cannot prove that you have been here for more than two years) you can be charged as an “arriving alien.” That classification means that you can be charged with removal based on the grounds of inadmissibility discussed above. It may also affect your eligibility for release from detention on bond and your eligibility to apply to the immigration judge for permission to stay in the United States.
What might make you “deportable?”
People who are arrested after they have been in the United States for a while are usually charged with a ground of deportability. The list of reasons that make someone deportable is very similar to the list of grounds of inadmissibility. But because the lists are slightly different, sometimes someone might be deportable but not inadmissible, or the other way around—inadmissible but not deportable. If you are deportable but not inadmissible, you might be able to immigrate (or re-immigrate) in immigration court to solve your problem with deportability. If you are inadmissible but not deportable, the government might not be able to deport you, even though it would be able to keep you from coming back to the country if you ever left. You should consult an immigration attorney with experience in these types of issues to advise you about the options in your case.
How do “removal” cases with the immigration judge work?
The judge has two basic decisions to make in every immigration ‘removal’ case. First he has to decide if the government is right about the reasons it wants to remove you from the country. For example, the government might want to deport you because you have a criminal record; but not all crimes make you deportable. Sometimes the government even tries to deport U.S. citizens by accident. You can tell your side of the story to the judge if you think that the government’s reason for wanting to deport you is wrong. So the first part of your case is having the judge decide if there is any reason to deport you.
What can you do to stay in the United States if you are “deportable?”
If the judge decides that you are deportable, then he needs to move on to the second part of the case and decide if there is any way for you to get “relief” from deportation. There are different kinds of “relief” from deportation that the judge could give you. If you would be eligible to apply for an immigrant visa or greencard through the regular processes, you might also be able to apply to the immigration judge for a greencard—or reapply for a greencard, if you already have one. If you are afraid for your life or safety in your home country for certain reasons, you might be able to ask the judge for asylum. If you have been in the United States for a long time, you might also be eligible to apply for cancellation of removal.
You might be eligible for one of these types of relief from deportation, or you might be able to apply for all of them. If it looks like you qualify for some type of relief from removal, the judge will give you a chance to file an application for that type of relief. There are different application forms and different documents that you will need to give the judge for each type of relief you want him to consider.
Who can help with your ‘removal’ case?
It is very important to document your case completely for the judge; it is difficult to win a case on your testimony alone. An experienced immigration attorney will know what the judge is looking for and will help you put together all the documents that could be important for the judge to make his decision.
A good attorney will also help prepare you and your witnesses for what to expect when you testify in court. Most people are nervous when they testify in court; and nervous people do not always make the best witnesses. That is why it is important for witnesses to know what to expect. Proper preparation will help them keep their composure and tell the judge what he needs to know.
What happens when your ‘removal’ case is finished?
