Removal, which is also known as deportation is the process by which a person who is residing in a state or country illegally, can be removed by the legal officials who preside over that area. Individuals who are subject to deportation or removal are often referred to as illegal aliens because they are living in the country they are in illegally. Relief from removal may be available but you need to know how to find it and how to determine whether or not you are eligible.
If you are an individual who is an illegal alien and has been apprehended by the authorities you need to understand what rights you have to relief from removal. Understanding these rights means that if you or someone you know is at risk of removal, you will understand what is about to take place and how the actions and rulings of the court will impact your stay or removal from the United States.
Classes of Aliens Who Are Deportable
There are many classes of deportable aliens who are subject to be removed from the country that they are in for various reasons. These reasons include:
- Participating in illegal and unlawful voting.
- Aiding and abetting other aliens to enter the United States.
- Committing marriage fraud to gain U.S. citizenship.
- Being convicted of various criminal activities or offenses.
- Registering false documents regarding U.S. entry.
- Acts of terrorism against the U.S. or any other activity that endangers public safety.
- Violations to non-immigrant status.
- Being inadmissible to the U.S. at the time of entry.
Types of Removal Relief
Types of removal relief include:
- Discretionary relief, which is at the discretion of the judicial review committee that convenes the hearing.
- Seeking refugee status is not as difficult as obtaining asylum.
- Voluntary relief, which may be granted by Immigration judges and Homeland security, allows for return at the alien’s own expense within a period of 120 days.
Stay of Removal
A stay of removal is typically not an option once removal proceedings have begun. In many ways, this makes sense because the system would otherwise bottleneck with removals reverting to stays and so forth. In some cases, a stay of removal is possible. For the most part, however, stays are not an option when removal is imminent. Cases for a stay of removal are those which are before the Board of Immigration Appeals (BIA).
Relief from removal may be genuinely merited when a removal may present a life challenge that sets the stage for whether or not a person may survive by remaining in the U.S. versus being removed and losing their life.
For this purpose, hearings can be held and a sty of removal can be granted for both an individual and their family to preserve their lives. Questions regarding relief from removal should be directed to an experienced removal relief lawyer or attorney who specializes in such cases and can answer your questions with certainty.
Do you have questions regarding Immigration? Contact one of our experienced Immigration Attorneys!
Contact our immigration lawyers today!
Our lawyers will explain and advise you of the correct immigration legal action to take.
Contact our Immigration lawyers now (English)
They will make sure your rights are explained and all your options are presented. You have legal immigration rights.
Preguntas Legales? Click aqui (Español)
Nuestros abogados le explicarán en detalle todas las opciones de su situacion legal. No se olvide que usted tiene derechos bajo la ley inmigratoria.
