The Immigration and Nationality Act (INA) divides deportation matters into two categories, inadmissibility and removal proceedings. Deportation based on inadmissibility prohibits a person from entering the United States, whereas removal proceedings force individuals already in the U.S., legally or illegally, to leave the country. 

There are five broad categories of grounds for deportation:

  1. Entering the country without proper authority, such as a valid visa.

  2. Status Violations, which occur when an immigrant violates their terms of admission or works illegally in the United States.

  3. Persons with criminal convictions or membership in certain prohibited organizations.

  4. An individual’s asylum application has been denied.

  5. An alien who becomes a public charge within five years of entering the United States. Public charge determination describes immigrants who depend on public benefits that provide cash, such as Temporary Assistance for Needy Families or Supplemental Security Income, for subsistence.

In a typical deportation proceeding, an individual is arrested and detained by Immigration and Customs Enforcement (ICE). Shortly thereafter, the individual will receive a Notice to Appear (NTA) outlining why the foreign national should not be allowed to remain in the United States. The NTA includes a list of claims about you that the government must prove to deport you. If their claims cannot be proved, the judge must terminate removal proceedings. These are the steps in the deportation process.

ICE serves you a Notice to Appear (NTA)

  • Master calendar hearing -- you will be asked if you need time to get a deportation attorney, then schedule an individual hearing 

  • Individual hearing -- you will have the chance to give testimony or have witnesses testify regarding your situation. It is imperative to have an attorney by your side at this point.

    (At the end of the hearing, the judge will make a decision. If you were deported, you have 30 days from the decision to make an appeal to the Board of Immigration Appeals (BIA).

If there is not enough evidence to warrant deportation, it is possible to terminate the proceedings. If there is reasonable evidence to suggest that deportation is in order, then it is possible to explore strategies to avoid removals, such as obtaining asylum, permanent residency, cancellation of removal, or obtaining a waiver or pardon under the Immigration and Nationality Act (INA). Even if there is no avenue of relief, it is possible to engage in negotiations that will allow you to leave the country voluntarily rather than under the order of deportation; this action can minimize the long-term consequences of deportation so that you have the opportunity to re-enter the United States in the future.

Asylum

Any foreign national who has a fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, and is therefore unable or unwilling to return to his or her country of nationality is eligible to file for asylum. Individuals in removal proceedings can apply for asylum.

Asylum applicants who have been convicted of a particularly serious crime (“including an aggravated felony or an offense designated by the Attorney General as “particularly serious”) are ineligible for asylum.

Also ineligible for asylum are those who, have been involved in terrorist activities, constitute a danger to national security, or have engaged in persecution of any person on account of race, religion, nationality, political opinion or membership in a particular social group

Eligibility

1. Asylum must be applied for within one-year after the arrival in the U.S., unless you can establish “changed circumstances” or “extraordinary circumstances” directly related to the delay in filing the asylum application.

2. Must present objective and subjective evidence of well-founded fear of persecution.

Cancellation of removal and adjustment of status for certain non-lawful permanent residents

Noncitizens who are not Legal Permanent Residents can also apply for Cancellation of Removal. If they are granted relief from removal, their status would be adjusted to Legal Permanent Resident and removal proceedings would come to an end.

Cancellation of Removal for Certain Non-Permanent Residents can only be filed for individuals who are currently in removal proceedings.

Eligibility

A noncitizen may be able to apply for Cancellation of Removal if he or she.

1. Been physically present in the U.S. for a continuous period of at least 10 years immediately preceding the date of such application.

2. Been a person of good moral character for 10 years.

3. Has not been convicted of “aggravated felony” or crimes making a noncitizen inadmissible or deportable,

4. Establishes that removal would result in exceptional and extremely unusual hardship to U.S. citizen or Legal Permanent Resident spouse, parent or child.

Continuous residence is cut off upon commission of the deportable crime or the issuance of Notice to Appear – the document that starts the removal proceedings of a noncitizen.

Legal Permanent Residence

Eligibility for legal permanent resident (LPR) status depends on various factors, including your immigration status and the category under which you’re applying. Generally, individuals who are eligible for adjustment of status include:

Immediate Relatives: Spouses, unmarried children under 21, and parents of U.S. citizens are among the most common petitioners.

Family Preference Categories: Certain family members of U.S. citizens and permanent residents may qualify for AOS.

Employment-Based Immigrants: Individuals with approved employment-based petitions or extraordinary abilities may be eligible.

Asylees and Refugees: Asylum-seekers and refugees can apply for AOS after one year of continuous presence in the country.

Diversity Visa Lottery Winners: DV lottery winners meeting certain eligibility requirements can have their status adjusted.

Special Immigrants:Certain categories like religious workers and Afghan/Iraqi nationals may seek adjustment of status.

Crime Victims and Abuse Survivors:U visa or VAWA provisions apply to eligible victims.

Cancellation of Removal for Certain Lawful Permanent Residents

Legal Permanent Residents may also be put in removal proceedings if they commit deportable crimes. Cancellation of Removal is a relief from removal that a court can grant after balancing the positive and negative factors relating to a deportable noncitizen.

Eligibility

1.Has been a Lawful Permanent Resident for 5 years

2. Resided continuously in the U.S. for 7 years after having been admitted in any status and;

3. Has not been convicted of an aggravated felony.

Continuous residence is cutoff upon commission of the deportable crime or the issuance of Notice to Appear – the document that starts the removal proceedings of a noncitizen.