Removal (previously called Deportation) occurs when the United States government determines that a foreign-born individual should no longer be in the United States, and legally removes that person from the United States.
Reasons for Deportation or Exclusion
Because staying in the United States is a privilege and not a right for non-citizens, the United States government can force an individual to return to his or her home country for a number of reasons, such as:
Committing fraud or misrepresenting a material fact in order to get a visa, green card, etc.
Convicted of a narcotics crime. Note: possessing a very small amount of marijuana may fall into an exception to this rule.
Convicted of murder, illegal trafficking of firearms, money laundering, or crime of violence that carried a sentence of 5 or more years. Attempt or conspiracy to commit these crimes is also grounds for deportation.
Stopping Removal/ Deportation
If you have been served with an order for deportation proceedings, you still may be able to stay in the United States. There are several different ways you can seek relief from deportation. Some methods for relief from deportation include:
Suspend deportation - A deportable alien must fulfill the following criteria to suspend deportation:
The alien must be continuously and physically present in the United States for at least seven years
The alien must be of good moral character
Religion
The alien must show that if deported, this would cause extreme hardship
Asylum - Asylum may be granted to individuals who have been persecuted or who fear future persecution in the home country because of:
Race
Nationality
Religion
Political belief or opinion
Membership in a certain social group
Withholding of deportation - Withholding of deportation can occur for reasons similar to granting asylum. Unlike individuals granted asylum, however, an individual granted a withholding of deportation cannot apply for permanent residence and can be deported to a different country than the home country.
Voluntary departure - Voluntary departure is usually granted by an immigration judge after an order of deportation for an individual who seeks to leave voluntarily in lieu of forced deportation.
Other methods - Check with us to discuss the possible methods appropriate for your situation.
Family Based immigrant
You may be eligible to get a Green Card if you fit into one of these following categories:
an immediate relative of a U.S. citizen, this includes spouses, unmarried children under the age of 21, and parents of U.S. citizen petitioners 21 or older
a family member of a U.S. citizen fitting into a preference category, this includes unmarried sons or daughters over the age of 21, married children of any age, and brothers and sisters of U.S. citizen petitioners 21 or older
a family member of a green card holder, this includes spouses and unmarried children of the sponsoring green card holder
a member of a special category, this can include battered spouse or child (VAWA), a K nonimmigrant, a person born to a foreign diplomat in the United States, a V nonimmigrant or a widow(er) of a U.S. Citizen
Employment Based immigrant
You may be eligible to get a Green Card through your job offer or employment if you fit into one of these following categories:
Green Card Through a Job Offer: You may be eligible to become a permanent resident based on an offer of permanent employment in the United States. Most categories require an employer to get a labor certification and then file a Form I-140, Immigrant Petition for Alien Worker, for you.
Green Card Through Investment: Green cards may be available to investors/entrepreneurs who are making an investment in an enterprise that creates new U.S. jobs.
Green Card Through Self Petition: Some immigrant categories allow you to file for yourself (“self-petition”). This option is available for either “Aliens of Extraordinary Ability” or certain individuals granted a National Interest Waiver.
Green Card Through Special Categories of Jobs: There are a number of specialized jobs that may allow you to get a green card based on a past or current job, such as:
Afghan/Iraqi Translator
Broadcaster
International Organization Employee
Iraqi Who Assisted the U.S. Government
NATO-6 Nonimmigrant
Panama Canal Employee
Physician National Interest Waiver
Religious Worker
EB-5
If you are investing $500,000 to $1,000,000 in a commercial enterprise that will benefit the U.S. economy, you may apply under EB-5 category to become a permanent resident in the U.S.
This visa is for persons desiring to enter the US temporarily for business or pleasure.
Student (F-1)
This category includes academic students in colleges, universities, seminaries, conservatories, academic high schools, other academic institutions, and in language training.
Training/Student (J-1)
This visa category is for persons coming to participate in exchange visitor programs in the United States.
Fiancee (K-1)
This visa is for persons coming to the United States to marry U.S. citizens and reside in the U.S.
Extraordinary Ability
The O-1 Visa is for people or persons of "extraordinary" ability in the sciences, arts, education, business or athletics.
Entertainers
The P-1 visa is for members of entertainment groups.
Artistic Exchange
The P-2 visa is for entertainers that are a part of reciprocal international exchanges.
Culturally Unique Artists
The P-3 visa is for performers in culturally unique programs.
Religious Worker
The R-1 classification applies to a religious worker.
Visa Waiver Program
The Visa Waiver Program (VWP) enables citizens of participating countries to travel to the U.S. for tourism or business for 90 days or less without obtaining a U.S. visa.
