What is the Process for Deportation or Removal Proceedings?

Worried, sad african american man thinking, sitting on couch looking out the window

Noncitizens residing in the United States without legal authorization, as well as noncitizens who are legally present but face allegations of breaching the conditions of their legal status, may find themselves facing deportation. If this reflects your circumstances, it’s crucial to continue reading to familiarize yourself with the deportation process. The following blog explores why you may be subject to the removal process and how a knowledgeable Middlesex County, New Jersey Deportation Defense Lawyer can help you figth to remain in the country. 

What Are Common Causes of Deportation?

Firstly, it’s crucial to understand that the deportation process is initiated and carried out by the United States Immigration and Customs Enforcement (ICE). All immigrants, including those with lawful permanent residence (green card), can face removal proceedings. There are numerous reasons why an individual may face deportation from the country. The following include some of the reasons for deportation:

  • Committing certain crimes of moral turpitude
  • Having an unlawful presence in the country
  • Certain status violations (illegal entry, overstaying, or breaking the conditions of their visa)
  • Participating in prohibited employment activities
  • Becoming a public charge
  • Pose a threat to public safety

What Can I Expect During the Deportation/Removal Process?

If you are currently residing in the United States on a visa or LPR status, the deportation process will begin when you are served with a notification to appear before an immigration judge. The Notice to Appear will inform you of the grounds under which you are being subject to deportation. If you or a loved one has received a Notice to Appear, it’s crucial to understand the nature of these proceedings to maximize the chances of achieving a favorable outcome.

From here, you will need to attend court. This is a master calendar hearing in which the judge will set a schedule for your case. Generally, you cannot be deported at a master calendar hearing. If you fail to appear, you will relinquish your right to defend yourself against the removal process. Once the master calendar hearing has concluded, you will attend an individual hearing where the government will present evidence against you and you will have the opportunity to present your defenses to removal. Essentially, you will enter your pleadings, meaning you will admit or deny the charges and tell the court why you should not be removed. It’s important to note that you have the right to be represented by an attorney during this process. After the hearings have wrapped up, the judge will issue a decision.

Navigating the deportation process alone can be overwhelming. Don’t go through this difficult time alone, reach out to an experienced lawyer from the Law Offices of Aditya Surti, LLC, who can help guide you through each phase of this process and fight for your future. Connect with our dedicated legal team today to learn more about how we can assist you during removal proceedings.

 

Contact Us
We’re Ready to Hear From You
  • This field is for validation purposes and should be left unchanged.