Deportation

"Removal," formerly called "deportation", is the process the United States government has for expelling a non-citizen from the country.

Grounds for Removal

Non-citizens in danger of being "removed" include:

• A person who entered the country on a temporary visa, that has since expired
• A person who has entered the country illegally
• A person who has violated immigration laws
• A long-time immigrant who has a green card, if they commit a crime or have committed a crime in the past
• Making a false claim of U.S. citizenship in order to receive a benefit under the immigration laws (even for employment purposes)

Although a person may be able to seek a waiver of removal in certain circumstances, there are some grounds for removal the government will waive.

Relief from Removal

When the government wants to remove someone, they must serve notice to that person, giving them a certain amount of time to appear before an immigration judge. At that time, the person can admit or deny that he or she is "removable," and is entitled to a hearing before the judge. Even if the person admits that they are removable, they can seek certain types of relief from removal through the judge.

Asylum

A person fearing persecution in their home country can seek asylum. To be considered for asylum, a person must:

• Have been in the United States for less than one year
• Be able to show that they have been persecuted in the past or have a well-founded fear of persecution in their home country because of:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

If the judge grants asylum, the person is no longer "removable" and can apply for a green card one year later.

Exceptional Hardship

People of good moral character who have lived in the United States for at least 10 years and have a spouse or children who are U.S. citizens or lawful permanent residents can seek relief from removal. They must show that removal would result in exceptional and extremely unusual hardship to the immediate family. If relief from removal is granted and a visa is still available (only a certain number of people can get these visas every year), the person can obtain a green card immediately.

Waiver

In limited circumstances, a lawful, permanent resident who is removable because of the commission of a crime can seek a waiver if it can be shown that the positive factors of staying in the country outweigh the crime. Positive factors may include:

• Length of time in the United States
• Family ties to this country
• Extreme hardship if removed
• Good moral character
• Rehabilitation
• Solid employment history
• Health needs

If relief from removal is granted, the person can remain in the United States as a lawful permanent resident.

Voluntary Departure

A person will be allowed a limited amount of time to exit voluntarily as opposed to being removed by the government if they:

• Have been in the United States for at least one year before the government seeks removal
• Are of "good moral character"
• Have the money and willingness to leave the country voluntarily

Departing voluntarily, rather than at government expense, can make it easier to obtain a visa to re-enter the United States in the future. Otherwise, a person who is removed at government expense is barred from re-entering the country for five years, or 20 years if convicted of an aggravated felony.

Failure to Appear at Removal Hearing

If you don't show up at a scheduled removal hearing, the court can issue an "order of removal" which bars you from seeking many types of relief from removal for 10 years.

Andrew M. Wilson is an immigration attorney practicing in New York. He is a member of the Serotte Reich & Wilson, LLP firm, and can be reached at awilson@srwlawyers.com .

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