Grounds for Stopping Removal Proceedings in Los Angeles
Commonly referred to as “deportation”, “removal” is the term of the U.S. government’s process of removing a non-U.S. citizen from the United States. Removal can happen to anyone who isn’t a non-U.S. citizen, even if they have a green card.
This is understandably every person’s worst nightmare, and ICE officials have recently cracked down on undocumented immigrants, removing even the immigrants that have been law-abiding residents since they’ve been in the country.
The removal/deportation process, like the rest of the immigration system, is complicated. Legal immigration help in Los Angeles is vital to developing a defense strategy to help you push back against this process. A Los Angeles immigration law office can help protect your rights as an undocumented immigrant and present the best defense possible in immigration court.
In this article, our Los Angeles immigration lawyers will detail reasons for deportation and ways you can stop the process, including how your U.S. citizen children can help you stay in the country.
Reasons for Deportation
ICE’s zero tolerance policy has led to the deportation of undocumented immigrants who have done nothing wrong. You can be deported simply for being in the country without the correct legal papers. If you need to preemptively avoid removal proceedings, you should contact an immigration attorney to start the process of applying for a green card.
However, you can also be deported even if you have a green card and are lawfully in the country. Reasons why someone with a U.S. green card might be deported include:
- Failure to Obey the Terms of Your Visa: Visas come with certain requirements that can get you removed from the country if they aren’t obeyed. For example, if you are here on a tourist visa, you cannot legally work.
- Failure to Advise USCIS of Change of Address: If you are an immigrant of any kind, you must immediately notify USCIS when you change addresses. The official time frame is 10 days, meaning that if you do not fill out the Change of Address form on the USCIS website, they have grounds for removing you.
- Breaking the Law: Several types of crimes can give the USCIS grounds to deport you. Some crimes that can get non-U.S. citizens deported include fraud, alien smuggling, domestic violence, drug charges, aggravated felonies, and crimes of moral turpitude. Keep in mind that aggravated felonies and crimes of moral turpitude are up to immigration authorities’ discretion. Even if the court did not label your crime as such, an immigration officer can still deport you on these grounds.
- Violation of Immigration Laws: You may be deportable if you violated immigration law, such as by participating in a green card marriage or helping smuggle people across the border.
- Receiving Government Assistance: If you have a green card, you cannot apply for need-based government assistance within five years of your entry date. —was an important part of showing that you were not inadmissible to the United States and deserved a green card.
Stopping Deportation Through Having Children Who Are U.S. Citizens
A U.S. citizen over the age of 21 can petition for a parent to receive a green card. This would keep the parent legally in the country. However, it can be complicated, as petitioning a parent also means that they will need to make enough to serve as their financial sponsor, unless the family has enough assets to assist the sponsorship.
Another complication is that the sponsored parent will have to undergo a visa interview where they will be asked if they have spent more than 180 days in the U.S. illegally. If you have, then you may be barred from entering the U.S. for up to ten years. The visa office may be lenient if you can prove that denial of your visa will result in extreme hardship.
Another way your U.S. citizen child can help you is the concept of “prosecutorial discretion,” which was recently reinstated by President Biden. Prosecutorial discretion is exercised on a case-by-case basis and can stop the deportation of an immigrant.
Your deportation defense attorney in Los Angeles can request that authorities drop your cases because you have many ties to the United States, which is exemplified by you having children who are citizens. If you are granted prosecutorial discretion, your removal proceedings are stopped in the present.
Even if the undocumented parent is undergoing the process of removal, they might be able to apply for “Cancellation of Removal,” based on the following conditions:
- Having continuously been in the U.S. for at least ten years
- Proving that removal from the country would cause “exceptional and extremely unusual hardship” to a qualifying relative or relatives who are U.S. citizens or lawful permanent residents
- Showing that you have had “good moral character” since being in the country
An immigration judge has the discretion to award the parent lawful permanent U.S. residence. This is a life-changing decision, so you should contact an LA immigration lawyer to ensure that you are building the strongest case possible to stop your deportation.
At The Law Offices of Amira Al-Alami we understand the daunting obstacles that you may face on your path to citizenship. The legal system is complicated and complex. A small mistake can result in a major setback that limits your chances of starting a new life in the U.S. In most cases, immigration can affect one’s entire life whether it is seeking new opportunities or prioritizing the safety of you and your loved ones. We provide a wide range of services for all immigration matters, such as:
Why choose this firm? As an immigrant herself, Amira can resonate with each and every one of her clients. The foundation of this firm is built on communication and trust. It is both Amira and her staff’s desire to prioritize each case to get immediate results. To schedule a consultation, call 1-626-469-5807 or email firstname.lastname@example.org. Additionally, we offer a WhatsApp line: 818-434-6241.