Changes may occur in this area of law. The information provided is brought to you as a public service with the help and assistance of volunteer legal editors, and is intended to help you better understand the law in general.
It is not intended to be legal advice regarding your particular problem or to substitute for the advice of a lawyer. Request A Lawyer. Our lawyers are screened and approved — they have all gone through an application and interview process.
Any immigrant who violates the terms of his or her lawful stay can be deported or removed from the United States. This might include a tourist who accepts a job not allowed , a student who fails to pursue a full-time course of study, or a worker who switches to a new job, away from the employer who petitioned for the worker. In addition, any immigrant who hasn't yet become a U. For example, non-citizens can become deportable if they:.
This is just a quick overview of these grounds. Do not rely on this list to analyze your case, but look at the law itself, linked to above, and consult with an experienced U.
Also note that despite the seriousness of being accused of being deportable, some grounds can be overcome by requesting a waiver. Non-citizens have the right to a lawyer , as well as other rights under the U. The immigration authorities cannot simply deport someone without providing a chance to be heard. Of course, the authorities often try to make the process go quickly, by asking the immigrant to sign something agreeing to depart without a hearing.
In some cases, when the immigrant really is in the U. But anyone who believes they might have a right to remain in the U. A non-citizen who hasn't yet entered the U. In other words, the person can simply be refused entry at the border unless he or she has a legitimate fear of persecution if forced to return to his or her home country.
In the latter case, the immigration officials must allow the person's asylum claim to be heard; though under the " Migrant Protection Protocols " instituted under the Trump Administration and still in force under the Biden Administration, the initial hearings might be held in Mexico.
The Form I is a written notice containing the charge s of excludability. Note that, in exclusion proceedings, notice to the alien is not governed by the same standards as in deportation proceedings. In some cases, the grounds of excludability in exclusion proceedings are different from the grounds of inadmissibility in removal proceedings. The above are just a sampling of the possible defenses to removal. You'll want to talk to an immigration attorney for a full review of your case. At the master calendar hearing, you'll be able to tell the judge what sort of defense you expect to mount, and schedule a date for your merits hearing.
If you and your lawyer have a strategy to defend you against removal, you will unless your lawyer arranged otherwise present your case at the merits hearing. You will be allowed to testify on your own behalf, with your lawyer asking the questions. You will also have to be examined by an attorney for DHS. In addition, you can present witnesses and exhibits, such as photographs and sworn statements by people who know about your case, or are experts in a relevant topic area.
For example, if you were defending yourself against removal by claiming asylum , you would probably want to testify about your fear of persecution in your home country, present documents about the conditions in your country, include proof that you are a member of a persecuted group and were injured or discriminated against, and perhaps get an expert about that country to testify on your behalf. Non-citizens are not entitled to free legal representation in immigration court.
If you cannot afford an attorney to represent you, contact local nonprofit organizations, which might be able to help you at a reduced cost. In order to achieve a desirable outcome in a removal case, a lawyer's help is typically a necessary cost.
Browse All Immigration Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
0コメント