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Recent Posts in deportation Category

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Can a Drug-Related Criminal History Keep Me From Getting a Green Card?

A criminal history related to drugs can have dire consequences for one's USA immigration status and future immigration hopes. Some drug-related crimes can lead to deportation from the United ...
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Prosecutorial Discretion in Deportation Cases - Administrative Stay of Removal

The federal government has broad discretion in enforcing the law. Decisions as to whether or how to prosecute an individual under the law are largely wholly within the discretion of the relevant law ...
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What is Deferred Action in the Deportation Context, and How do I Get It?

Individuals facing possible deportation from the United States because they are either present without valid immigration documentation or because they have done something that makes them ...
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Effects of a CIMT on Your Immigration Status - What you Need to Know

Committing a "crime involving moral turpitude" (CIMT) can wreak havoc on one's immigration prospects. Whether a person has been formally convicted of a moral turpitude crime or simply ...
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Defensive Asylum - A Way to Avoid Deportation

Persons whom the government is trying to deport in immigration court may be able to avoid deportation by requesting a grant from the immigration judge of asylum. A request of asylum in this situation ...
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Deferred Action Under DACA - What Evidence Must I Submit?

The U.S. government is allowing persons who were brought to the United States at a young age, who do not have a serious criminal past and who meet certain other conditions to apply for a status that ...
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Can Denials of an Application for Deferred Action be Appealed?

U.S. Citizenship & Immigration Services (USCIS) began accepting applications on August 15, 2012 under the Deferred Action for Childhood Arrivals (DACA) program, by which individuals who were ...
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Deferred Action and Criminal History - Can Applying Lead to Deportation?

The June 15, 2012 announcement by the Obama administration that deportations would be halted for certain young persons who were brought to the country unlawfully as children was cheered by millions in ...
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Applications for Deferred Action to be Accepted Beginning August 15

United States immigration authorities have announced that they will begin accepting applications for deferred action from young persons with no serious criminal record and who meet other certain ...
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Avoiding Deportation - What to do When ICE Approaches

Persons who are non-US citizens and who are either in the country illegally or have otherwise violated the terms of their immigration status understandably become anxious when approached by US ...
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False Claim of US Citizenship for Non-Green Card Holders Seeking Cancellation of Removal

Cancellation of removal is one of the most common ways in which a person who is found by a judge in immigration to be technically eligible for deportation avoids that fate. Despite that a person can ...
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Deportation Law: Favorable Grant of Discretion Requirement in Cancellation of Removal Cases

US immigration law allows certain individuals who have been found in immigration court to be eligible for deportation to avoid that fate if they are eligible for certain forms of relief. A common form ...
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Theft as an Aggravated Felony for Deportation Purposes

A theft or the receipt of stolen property can be considered an "aggravated felony" for US immigration law purposes, leading to deportation of the convicted individual. Deportation is of ...
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Criminal "Convictions" in the Deportation Setting

A person who has been convicted of certain crimes and who is not a US citizen can face deportation and be removed from the United States if the government wins in immigration court. While certain acts ...
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Adjustment of Status as a Defense to Deportation

Persons facing deportation charges in immigration court in the US may have, depending on the circumstances, several possible defenses that could help them avoid deportation. In addition to some of the ...
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3 Situations Where Withholding of Removal Applies and Asylum Does Not

Persons facing possible deportation in immigration court in the US and who fear that they will be persecuted if they are returned to their country can qualify for asylum in the US or for what is ...
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Crime of Domestic Violence as Grounds for Deportation

Persons present in the US who are not American citizens – whether they are a green card holder or not – can be deported under US immigration law if they have been convicted of a crime of ...
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Aggravated Felonies in the Immigration Context - Some Surprising Things Make the List

Being convicted of an aggravated felony is an almost-sure ticket out of the US for an immigrant. Whether the person is a green card holder or not, any noncitizen convicted of a crime that qualifies ...
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Can I Appeal a Deportation Order that was Entered In Absentia?

A person who fails to show up for a deportation hearing is normally ordered deported by the immigration judge. This is referred to as an in absentia order of removal (removal is what the immigration ...
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What Will Happen to Me if I Leave the US While My Deportation Case is Pending?

Many individuals are aware that a 10 year bar on admission to the United States exists for persons who are deported, and some try to circumvent this ban on re-entry by departing the US while in ...
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Deportation Proceedings and Cancellation of Removal - The Good Moral Character Requirement

A person who is found in immigration court to be "removable" – meaning the individual is found by the immigration judge to fit into a category of US immigration law that makes them ...
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How to Get a Green Card Taken Away - 3 Things to Avoid

It happens all too often – a person loses a green card, and all the rights and privileges that come with it (namely the opportunity to live and work permanently in the United States), due to one ...
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Cancellation of Removal in Deportation Cases - The Continuous Physical Presence Requirement

Cancellation of removal is a means of relief available to certain persons facing possible deportation in immigration court. A grant of cancellation of removal leads to a green card for a person who ...
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What Does the Government Have to Prove in Immigration Court to Deport Someone?

Persons facing possible deportation often feel like they're flailing in the darkness. With US immigration law being so complex and often counter-intuitive, it's hard sometimes for even an ...
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Can I be Released on Bond from Immigration Custody Pending My Deportation Hearing?

Certain individuals who have been detained by the immigration authorities and have been charged as being deportable are eligible to be released from immigration custody on bond pending their ...
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