The threat of deportation is frightening and confusing. When you have received a Notice to Appear at a removal proceeding and have questions about your rights and the law, the knowledgeable immigration attorneys at Pollack, Pollack, Isaac & DeCicco, LLP, are here to provide answers. Our law firm, which has three offices in the New York City area, has helped clients throughout the state since 1955. Questions you might have about the removal process include:
Pollack, Pollack, Isaac & DeCicco, LLP in New York City has addressed clients’ legal questions for over six decades. To schedule a free consultation, call our firm at 800-223-2814 or contact us online.
The most common grounds for deportation are when someone has been convicted of a crime or has been deemed to be a threat to public safety. Entering the country illegally, violating visa terms or overstaying a visa are other examples of grounds that can result in deportation.
A Notice to Appear in U.S. Immigration Court is a document issued by the Department of Homeland Security that starts removal proceedings. If you’ve received one, it is important to verify the date given for your court appearance as in some cases, the dates are inaccurate. If you miss your court date, you could be immediately deported.
How soon deportation takes place depends upon what country you are from, whether you were detained at the border or were already in the country, whether a final removal order has been issued and other factors. Depending on the circumstances, deportation could take hours or it could take years.
Depending on how long you’ve been in the country and your immigrant status, you may be able to get a waiver to stay in this country or have the proceeding canceled if your removal would cause hardship to family members. In other cases, you can apply to adjust your status if you are marrying a U.S. citizen. However, you would need to prove to immigration authorities that your marriage is based on an authentic relationship and not just an attempt to avoid deportation.
Readmission depends upon your individual circumstances and why you were deported in the first place. Depending upon the reason you were deported, you may have a five-, 10- or 20-year ban imposed against you that prevents you from reapplying for admission to the country. There are also cases where individuals are never allowed back into the United States.
There are rare cases where citizenship of naturalized citizens can be revoked, making them vulnerable to deportation. It can occur if it’s discovered a person lied about their identity, criminal activity or other specific items during the naturalization process or, in some cases, if someone granted citizenship due to military service is dishonorably discharged.
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