> Other Information

You can be deported from the United States for many reasons, including marriage fraud, status violations, terrorist activities, aggravated felonies, drug-related offenses, firearms violations, conviction for two or more crimes involving moral turpitude and over 30 other reasons. You can also be deported if you were excludable at the time you came to the U.S. Meaning, you were allowed to enter the U.S. by the Immigration and Naturalization Service (INS), even though you were not eligible to do so. The fact that the INS did not catch you is of no consequence. Congress gave the INS the power to remove people for convictions that took place many years ago.

In certain circumstances you may eligible to receive a waiver to excuse a ground of deportation or may apply for relief from Removal. What follows are some forms of relief from removal:

Cancellation of Removal - If you're a permanent resident that resided in the U.S. for at least five years, you might be eligible to apply for a waiver if you have not been convicted of an aggravated felony. To qualify, you must be able to prove that your immediate United States citizenship or permanent resident family would experience an "extreme hardship" if you were deported.

Cancellation of Removal - If you are not a permanent resident and are in removal proceedings, you may be eligible for the application of a procedure known as Cancellation of Removal. To qualify, you must have lived continuously in the U.S. for ten years prior to the beginning of removal proceedings. Also, you have to prove that your spouse, parent, or child, who are either U.S. citizens or lawful permanent residents, would suffer extreme hardship if you were to be deported. By law, extreme hardship to you is insufficient to obtain Cancellation of Removal from the immigration judge. In addition, you must have demonstrated good moral character during the ten years you were in the U.S.

Voluntary Departure - Voluntary departure is a form of relief from deportation for those who concede deportability and agree to depart the United States within the prescribed time period by their own means. The maximum period of voluntary departure is four months and cannot be extended. A person that has voluntarily departed the United States may have an easier time returning legally than a person that has been deported.

Adjustment of Status - This remedy is available to anyone who is eligible to adjust his or her status from illegal to legal permanent resident. Many people who are in deportation proceedings are eligible to get their immigrant visa from the Immigration Judge. Many people do not realize that they are eligible to get their immigrant paperwork done in the United States because they started the process before April 30, 2001.

Appeals - If you have been ordered deported, you have the right to file an appeal with the Board of Immigration Appeals. This means you or your attorney will have a chance to present your case for review before the highest Immigration Court in the U.S. You have 30 days to submit a notice of appeal. An appeal is a review of the facts and legal arguments that you or your attorney made during the hearing on the merits.

Motion To Reopen or Reconsider - A motion to reopen is available in a deportation case that has already been closed. You must be able to present evidence that was not available at the time of the hearing with the Immigration Judge. You're allowed one motion to reopen, and a single motion to reconsider during the entire deportation-exclusion proceedings. With few exceptions, a motion to reopen your case must be filed within 90 days of the decision of the immigration judge or the Board of Immigration Appeals.

Motion To Terminate Removal Proceedings - There are many exceptions and qualifications to deportation and removal proceedings. The courts have reversed the rule regarding the definition of an aggravated felony for certain felony offenses including driving while intoxicated (DWI) and Possession of a Controlled Substance. Some people are eligible to have their deportation cases terminated because they are eligible for the new "V" or "K" visas, or are eligible for the "Life" amnesty.

Foreign nationals facing deportation must have their case analyzed to determine what, if any, form of relief is available. For more information on relief from deportation, consult with Thomas Esparza, Jr.