Relief from removal is what a foreign citizen in the United States seeks in order to avoid forced removal from the country – it other words, it is what is sought to avoid deportation.
Who Can Be Deported?
Any person who is not a citizen of the United States is eligible for deportation to his or her country of origin, even those who are lawful permanent residents. Generally, grounds for deportation includes violations of immigration or criminal law. If they are in the United States on a special type of visa, like a student or work visa, then deportation may also be allowed if the person loses the job or leaves the school which the visa was intended to allow the person to attend.
The Immigration Legal System
In order to facilitate the administration of justice in the United States, certain courts are established that handle only certain types of cases. These courts exist at all levels of government, from local and municipal to federal. Some cities have drug courts to handle drug related offenses, some states have family courts that cover matters of family law, and the federal government has various specialized courts including tax court, bankruptcy court, and patent court. Courts tasked with handling matters of immigration law are known as immigration courts, and anyone who tries to fight a deportation will no doubt have to present him or herself before a deportation judge in one of these immigration courts.
Due to all of the rules and nuances of immigration law, it is highly recommended that foreign citizens facing the risk of deportation allow an experienced immigration attorney to handle the case on the foreign citizen’s behalf.
Types of Relief
There are several ways that a person can be granted relief from removal. Lawful permanent residents and foreign nationals who have resided in the country for a certain number of years, who meet criminal background requirements, and who are of good moral character can apply through an immigration court for a cancellation of removal.
A motion to reopen or reconsider gives those who have already been ordered removed from the country the chance to introduce new evidence in support of their case. Asylum can be sought to prevent individuals from being deported to nations where they would face persecution. A stay of removal, which is generally temporary, would prevent the enforcement of a removal order.
An Immigration Attorney Can Help
As soon as they receive notice of removal orders, immigrants in risk of deportation should immediately contact a qualified immigration attorney. The attorney will review the immigrant’s case and determine whether or not the immigrant may qualify for relief from removal. If relief from removal is an option, the attorney will help the immigrant accomplish the necessary paperwork and gather any evidence that may exist in support of the immigrant’s case.
Trying to handle their cases on their own could leave immigrants at a disadvantage because of the complexities involved in immigration law. While the right of self representation exists, it is one that should generally not be exercised. Considering that a person’s life in the United States is on the line, individuals facing deportation simply can’t afford to leave the presentation of their cases to chance.