Deportation Defense

The possibility of a forced deportation (removal) from the United States is the most frightening experience a non-citizen and his family can face. The Law Office of Theodore Vialet has been representing clients facing deportation for many different reasons. Theodore Vialet is experienced in providing a proper and aggressive defense. Below are just some of the strategies the Law Office of Theodore Vialet uses in defending clients.

• Filing for Registry or Legalization
• Political Asylum
• Cancellation of removal
• Termination of deportation
• Adjustment of Status
• Citizenship
• Temporary Protection Status
• Suspension of Deportation
• Withholding of Deportation
• Application for Waivers
• Voluntary Departure

What is Deportation?

Before 1996, deportation was divided into two categories; aliens who "entered" the United States by evading inspection and were caught, and aliens who were caught at the border. Those caught at the border such as an airport inspection or sneaking though Canada were subject to exclusion grounds and procedures. Aliens that were apprehended inside the United States were placed in deportation proceedings. Those caught within the borders of the United States had greater constitutional and procedural rights than aliens in exclusion proceedings. This gave an advantage to those aliens who had crossed the border illegally and successfully evaded inspection rather than abide by the law and seek admission at the border.
In 1996 Congress replaced the term "entry" with "admission" to mean the lawful entry of an alien into the country after inspection. Admitted aliens have greater rights than those who were not properly admitted. In 1996 the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) was enacted, Congress changed the term "exclusion" to "inadmissibility" throughout the INA. Even with a change in name the terms "exclusion" and "inadmissibility" are functionally equivalent. Both refer to the state of being ineligible for admission to the United States because of a failure to meet one or more of several admission criteria, or grounds of inadmissibility. Until 1996, the distinction between the terms "exclusion" and "deportation" was an important one, pivoting on whether an alien had made an "entry" into the United States.

Nowadays, almost any violation of your status in the U.S. can potentially result in your being placed in removal proceedings. These violations include entering the U.S. without inspection, proper documents or through fraud, improper re-entry after deportation, failure to maintain non-immigrant status, conviction of a crime involving moral turpitude, conviction of an aggravated felony, involvement in prostitution, becoming institutionalized at public expense within 5 years of entry, becoming a public charge within 5 years of entry failure to obtain permanent residence after being granted a conditional Green Card through the marriage to a U.S. citizen or Green Card holder, narcotics addiction or violation of laws relating to controlled substance, assisting another alien to enter the United States, conviction of possession of an automatic or semi-automatic weapon. A charge of deportation is usually accompanied by a document called a Notice to Appear, which requires the foreign national to appear before an immigration judge and demonstrate why he or she should not be deported and removed from the United States.

Who can be deported?

It is a misconception to believe that only hardened criminals get deported. It is a misconception, because of the harsh provisions of the 1996 laws, even small misdemeanors can lead to one's removal from the United States, no matter how long he or she has been a lawful permanent resident. It all depends on the wording of particular statutes violated, shoplifting (petty theft), drunk driving, "joy-riding," disorderly conduct, etc. Any of these convictions, in some instances, can be used as a basis for deportation. In most cases it matters how long ago the act took place. You could have shoplifted 18 years ago. On the other hand the law also allows for the deportation of aggravated felons. The problem is that the word "aggravated felony" is defined differently and much more broadly under any previous immigration law than under criminal law. Most people would not believe that what may not have been an aggravated felony or even a deportable act under immigration laws at the time of the conviction, may be one. If the INS succeeds in proving that an alien is an "aggravated felon" under immigration laws, he or she is left with practically no options to avoid deportation.

Now note that any violation of your status in the U.S. can potentially result in your being placed in removal proceedings. These violations include entering the U.S. without inspection, proper documents or through fraud, improper re-entry after deportation, failure to maintain non-immigrant status, conviction of a crime involving moral turpitude, conviction of an aggravated felony, involvement in prostitution, becoming institutionalized at public expense within 5 years of entry, becoming a public charge within 5 years of entry failure to obtain permanent residency after being granted a conditional Green Card through the marriage to a U.S. citizen or Green Card holder, narcotics addiction or violation of laws relating to controlled substance, assisting another alien to enter the United States, conviction of possession of an automatic or semi- automatic weapon.

A charge of deportation is usually accompanied by an order to show cause, which requires the foreign national to appear before an immigration judge and demonstrate why he or she should not be deported. New cases begin with a Notice to Appear and the alien is brought in front of a judge to determine if he or she should be removed form the United States. Ten basic rounds of inadmissibility are as follows:

1. Health-related grounds
2. Criminal grounds
3. Security grounds
4. Public charge grounds
5. Labor certifications
6. Undocumented entry and immigration status violations
7. Documentation requirements
8. Ineligibility for citizenship
9. Previous removal or unlawful presence, and
10. Miscellaneous

Procedures of Deportation (Removal)

When an alien gets into some type of trouble that alerts the BCIS, there is a good chance, these days, that they will be put into Removal Proceedings. All removal proceedings begin with a notice to appear. This is similar to the old orders to show cause. The notice to appear indicates the reasons the INS believes the alien is inadmissible or deportable, and the time and place of hearing before an immigration judge. The alien is also advised of the right to counsel at no expense to the government and given a list of free legal services programs.

Removal proceedings begin with the service of the Notice to Appear (NTA). The NTA is basically the official charging document of the BCIS that places an alien in removal proceedings. It contains a general outline of the allegations and charges against the alien. It describes what the alien did that was illegal. It also lists in technical terms the numbers of the sections of the law that the alien violated. It also states the time and place the alien is required to appear before the Immigration Judge. It is most important that upon receipt of the Notice to Appear, you should promptly contact an attorney to assist you. There is only a limited amount of time available to you before you have to appear at the Immigration Court.