An estimated 11 to 12 million people are in violation of the Immigration and Nationality Act and could face removal, formerly known as deportation. There are a number of reasons a lawful permanent resident may face removal.

 

The Immigration and Nationality Act can be extremely punitive when legal permanent residents violate criminal laws. This area of immigration law tends to change rapidly. That means it is incredibly important for a legal permanent resident to talk to an immigration attorney before accepting any plea agreement. Also, if you have been convicted of a crime, seek immigration advice before making any application or petition, such as a naturalization application or a family-based petition to the government. You could be subject to removal because of the conviction.

 

Immigration court proceedings resemble criminal proceedings, but could have even greater consequences. The law gives foreign nationals the right to an attorney in most of these proceedings, but the government doesn’t necessarily have to pay for one. An immigration court’s rules are strict and can be very confusing. The process to remove a foreign national starts with a Notice to Appear, which requires the foreign national to appear in immigrant court. The national must plead to the government’s allegations that relate to the person’s status in the United States.

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 An immigrant facing removal can seek protection in immigration court or before the Board of Immigration Appeals, according to the U.S. Citizenship and Immigration Services. They may be eligible for benefits including adjustment to permanent resident status, cancellation of removals and waivers of inadmissibility. If seeking this relief, you must submit certain applications to comply with Department of Homeland Security regulations.

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Our firm represents immigrants facing an order of removal because of immigration violations. Mr. Gogia personally reviews all aspects of a removal case and carefully explains what remedies are available. These remedies can include political asylum, cancellation of removal for permanent or non-permanent residents, NACARA, TPS, or requests for Prosecutorial Discretion.

 

Gogia & Raj Law offers knowledgeable deportation lawyers who can help represent immigrants facing removal, including those detained in advance of a hearing.