Deportation

Information by Deportation Attorney in Pittsburgh

Deportation, or removal, occurs when those who have already been admitted to the United States are no longer allowed to stay.  Removal is a civil proceeding, not a criminal punishment; its goal is to remove those people the United States government has deemed it does not want to stay in the country. 

Aliens who must submit to civil removal proceedings typically fall into one of six categories of people who:

1. Came into the country illegally or are now residing in the country illegally due to a change in status
2. Have committed criminal offenses
3. Have not registered or who have falsified documentation
4. Are considered security threats
5. Have become public charges
6. Voted illegally in U.S. elections

Those who have been subject to removal have several methods for obtaining relief.  They can seek to adjust their status, cancel the removal, request deferred action, claim asylum, leave voluntarily, or a seek a variety of waivers. 

Asylum

The U.S. government grants asylum protection to certain individuals who have either been persecuted or fear persecution if they were to return to their home countries.  Those who are granted asylum are then permitted to apply for lawful permanent residency in the U.S. The USCIS imposes no limits on the number of immigrants who can be granted asylum status each year.  Asylum status is different from refugee status.  For an explanation of how they differ, please see our immigration Frequently Asked Questions.

Removal Cancellation

Under the Immigrant and Nationality Act, the Attorney General can cancel removal depending on the immigrant's status. 

For those aliens who are deemed inadmissible or deportable, there are three requirements.  The alien must have:

1. Been an alien lawfully admitted for permanent residence for at least five years;
2. Resided in the United States continuously for seven years; and
3. Not been convicted of any aggravated felony.

For those who have been lawfully admitted for permanent residence and later deemed inadmissible or deportable, the Attorney General can cancel removal if the alien:

1. has been physically present in the United States for at least ten continuous years before applying for removal cancellation
2. has been a person of good moral character during the ten year period
3. has not been convicted of certain statutorily-defined offenses
4. can establish that removal would result in exceptional and extremely unusual hardship to an immediate relative who is a U.S. citizen or alien lawfully admitted for permanent residence

Deportation and Removal Cases Require Experienced Legal Representation

Defending removal cases is a complex and specialized area of law.  Experienced attorneys can carefully analyze the facts of a particular case and make arguments for canceling the removal.  Goldstein & Associates is highly experienced in defending removal cases; contact us for a consultation regarding your specific case.