Immigration removals refers to U.S. Immigration and Customs Enforcement officers removing noncitizens from the United States who have received a final order of removal. There are several common issues that people facing removal should be aware of.
These are some of the things you need to know about immigration removals.
When do removals happen?
Removals usually happen after a court issues a final order of removal. This usually happens after a person facing removal has had a hearing with the immigration court. There are some circumstances where expedited removals may occur.
What defenses are there to immigration removal?
There are several defenses available for people facing removal:
- Cancellation of Removal
- Waivers
- U-Visa Status
- Adjustment of Status
- Asylum or Withholding of Removal
- Deferred Action
- Temporary Protected Status
- Prosecutorial Discretion
The best defense for your case depends on the circumstances.
Cancellation of removal requires that permanent residents demonstrate that they have been lawful permanent residents of the United States for five years or longer, have resided in the U.S. continuously for seven years or longer and do not have any disqualifying criminal convictions.
Non-permanent residents must prove continuous physical presence in the U.S. for at least 10 years, have no convictions for specific criminal offenses, have good moral character and that removal from the U.S. would cause unusual hardship to lawful resident family members. Other defenses have specific requirements and time frames, so it is important to act quickly.
If you are facing removal from the United States, you must understand your potential defenses and how much time you have to employ them to avoid unnecessary deportation.