Removal or Deportation

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Proving Exceptional and Extremely Unusual Hardship

A non-permanent resident applicant must prove his or her removal case would result in exceptional and extremely unusual hardship to a qualifying United States citizen or non permanent resident spouse, parent, or child, and that he or she is deserving of a favorable exercise of discretion in deportation proceedings.

A non-permanent resident applicant must prove his or her rem...

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Consequences for an Illegal Immigrant Arrested for a Criminal Offense

The consequences for an illegal immigrant who has been arrested for a criminal offense may be incarceration and fines in the criminal case and deportation in the immigration case. Once an illegal immigrant is arrested, the jail that booked them or law enforcement agency that effected the arrest will report the booking or arrest to Immigration and Customs Enforcement (ICE).

The consequences for an illegal immigrant who has been arres...

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Voluntary Departure vs. Deportation

Voluntary Departure permits individuals who are otherwise removable to leave the United States at their own expense within a set period of time. Removable aliens may request to leave the United States before the conclusion of removal proceedings. Post-conclusion voluntary departure is similar to pre-conclusion in that both require you to leave voluntarily. However, with post-conclusion voluntary departure, you wait until after the removal proceedings have ended, or concluded, to leave.

Voluntary Departure permits individuals who are otherwise re...

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The Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA)

The Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA) implemented provisions suspending or canceling the deportation of eligible nationals of El Salvador, Guatemala, and former Soviet-Bloc countries as well as their spouses and children. In order to be eligible to apply for NACARA, you must be a Guatemalan or Salvadoran national who entered the United States by the fall of 1990 and registered for benefits under the settlement agreement in American Baptist Churches v. Thornburgh (ABC).

The Nicaraguan Adjustment and Central American Relief Act of...

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What is expedited removal?

Expedited removal is the process by which the Department of Homeland Security (DHS) quickly deports inadmissible aliens from the United States. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens that are “inadmissible” or unable to be lawfully admitted may be deported. An alien is “admissible” when he or she presents valid documents allowing entry into the United States.

Expedited removal is the process by which the Department of ...

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Your Rights as an Unrepresented Immigrant in Removal Proceedings

Many people receive hearing notices to appear before judges even after they have received their green cards. It could be a clerical error involving your name, alias, or alien registration number. Or you pled to some misdemeanor with long-term immigration consequences that you did not understand. Whatever the reason, it is important to be realistic about the time it will take to get through removal proceedings and to formulate a plan to get through them successfully.

Many people receive hearing notices to appear before judges ...

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