Archive for category: Deportation

A person who has been deported from the United States generally cannot come back immediately. However, under the right conditions, they can return after five, ten, or twenty years, possibly sooner in a limited number of cases. The delay depends on the circumstances of their deportation. 

Non-U.S. residents with questions or concerns about deportation can get straightforward answers from a Tampa, FL deportation defense attorney at the Bassey Immigration Law Center. We help individuals in Florida and elsewhere throughout the United States respond to deportation threats and actions and legally return to the United States. You can count on us for full accessibility to your suggestions, questions, and concerns. Schedule an affordable consultation today. 

How Long Does a Deported Person Have to Wait Before Returning to the U.S.? 

The delay before a deported person can return to the U.S. depends on the circumstances of their deportation: 

• A five-year waiting period applies to persons immediately deported when they attempted to enter the U.S. because immigration officials determined they were admissible. A minimum five-year ban also applies to non-residents who do not appear for their scheduled removal hearings. 
• A ten-year waiting period applies to persons subject to removal orders issued by an immigration law judge in a hearing before an immigration court. 

• A twenty-year waiting period applies to persons who are convicted of an aggravated felony in a state or federal court and to persons who have become subject to more than one removal order. Further, persons who illegally return to the United States before their applicable waiting periods expire will likely be subject to a twenty-year ban. 

If you are unsure of the waiting period that applies to your deportation circumstances, contact an immigration attorney for deportation defense, who will review your situation and provide specific information about when you or a family member will be eligible to return to the United States. 

Are There Exceptions to the Waiting Periods? 

Deported persons who want to come back to the United States should complete and file Form I-212  along with the required filing fee and all supporting documentation. Among other matters, supporting documentation should demonstrate: 

• If the deportation was the result of  a criminal conviction, a full rehabilitation from that conviction 
• Good moral character 
• Connections with family members who are legally residing in the United States. 

Persons who were deported based on specific grounds, for example, violating a specific immigration law or a crime of moral turpitude, should also complete and file Form I-601. Deported persons may qualify for a waiver of those grounds if they show, for example, that their continued absence from the U.S. will cause extreme hardship to a spouse or other family members. 

There is no guarantee that U.S. Immigration Services will grant an exception to any waiting periods for readmission into the United States. However, in all cases, an experienced immigration attorney can provide valuable assistance to complete and file the required forms in ways that substantially improve a deported person’s opportunity for quicker re-entry. 

Call the Bassey Immigration Law Center for Help After a Deportation 

For more than 20 years, our attorneys at the Bassey Immigration Law Center in Tampa, Florida, have helped immigrants and their families challenge deportations, secure readmission after deportation, and gain permanent residency status in the United States. Please call us for information on how you or a family member can get back to the U.S. after deportation and for answers to questions you may have about how we can help you with your immigration case. 

If you are an undocumented foreign national in removal proceedings, it may be possible to adjust your status, or obtain a green card, if you meet certain requirements. Clearwater immigration lawyers at Bassey Immigration Law Center want you to know your options so you can make informed decisions about your future.

What Is Immigration “Adjust of Status?”

Adjustment of status is the process of applying for lawful permanent resident status while in the United States. Eligibility for a green card is determined based on specific requirements, including admissibility as an immigrant, multiple previous lawful entries to the U.S., and an approved visa petition.

A green card offers permanent residency in the U.S. and all the benefits that come with it:

• The ability to travel freely overseas
• Access to Social Security and other programs
• The opportunity to sponsor family members for permanent resident status

Eligibility Requirements for Status Adjustment During Removal

It’s a common misconception that if you are in the middle of removal proceedings, you cannot adjust your status. But it is possible for individuals who meet the following eligibility requirements:

• You have a relative who qualifies. This is a U.S. citizen child aged 21 or older, or a parent or spouse who is a U.S. citizen.
• You were inspected/paroled before admittance to the U.S. If you entered the country without going through the immigration process, you are most likely ineligible.

Exceptions and Options for Adjustment

Immigration law is continually evolving. There are many exceptions and avenues along the path to obtaining a green card.

For example, if you marry a U.S. citizen during removal proceedings, that change qualifies you to apply for a status adjustment. Marriage is one of the most common scenarios we see as removal defense lawyers working with clients throughout Florida.

Or let’s say you have been convicted of a crime, but you already have a green card. While a criminal conviction is generally cause for removal, it may be possible to re-adjust your status to obtain a new green card and avoid deportation.

It’s best to speak directly with a Bassey Immigration Law Center deportation lawyer to discuss your individual situation.

What Is the Process to Adjust Status During Deportation Proceedings?

The first step is to have a qualifying family member complete and submit Form I-130– Petition for Alien Relative to the USCIS. From there, USCIS confirms the family member’s green card or citizenship status and any available proof of their relationship to you, like a wedding or birth certificate, for example.

If the petition is granted, you will submit Form I-485 Application to Register Permanent Residence or Adjust Status to the judge. That immigration judge makes a determination based on the evidence provided.

Because the standard for approval is much higher compared to a regular application for status adjustment, it is incredibly important that your application is accurate, truthful, and complete. An immigration lawyer knows what judges are looking for and will help ensure you have the necessary documentation to make a strong case for a green card and relief from removal.  

Schedule Consultation Today

As you can see, the laws and guidelines for adjustment of status are complex. We are here to help. If you are in the middle of removal proceedings, we will explore all of your options to take the action that makes sense for you and your family.

We have the experience and the skills to help make your dream of life in the U.S. with your family a reality. Call or connect online to schedule a consultation with Bassey Immigration Law Center today. Our multilingual team is ready to assist you in our Tampa or Clearwater, Florida locations.

While every case is unique, it is possible for foreign nationals to fight deportation orders and remain in the United States. The key is proving that you have valid grounds in which to legally stay. If you’ve gotten a Notice to Appear from the Department of Homeland Security, all hope is not lost. There are several ways to win a deportation case, but it all hinges on the grounds on which the government is seeking removal and your individual circumstances. 

Due to the time-sensitive and complex nature of deportation cases, it’s important to consult with a removal defense attorney who can explain your rights and the best tactics moving forward. Here are some strategies that may help you overcome a removal proceeding.

Suspension of Deportation/Cancellation of Removal

If the following criteria can be proven, a cancellation of removal may be granted to nonpermanent residents.

• You have been continuously physically present in the U.S. for at least 10 years
• You are a person of good moral character
• You have not been convicted of any crimes
• Your deportation would result in extreme hardship to family members who are U.S. citizens or lawful permanent residents

Asylum

Many immigrants seek asylum in the United States after experiencing or fearing persecution in their country of origin. If you have faced imprisonment, threats of violence, torture or rape based on your sexual orientation, ethnicity, fender, nationality or political beliefs, you may be able to prevent deportation.

Withholding of Removal

This defense may be viable if you do not qualify as an asylum seeker, but can prove that your life and freedom would be jeopardized in your home country because of your particular religion, race or political views.

Adjustment of Status

Immigrants who have entered the U.S. lawfully may be eligible for an adjustment of status, even in the midst of deportation proceedings. The following scenarios may warrant an adjustment of status

• Sponsorship from an employer or family
• Marriage
• Asylum has been granted for 12 months

Nicaraguan Adjustment and Central American Relief Act (NACARA)
Under the NACARA program, nationals of Guatemala, El Salvador and certain former Soviet bloc countries may be able to suspend deportation orders and eventually obtain a Green Card. Eligibility requirements include continuous physical presence in the U.S. for at least 7 years, no prior criminal record or aggravated felony convictions, and proof that removal would cause extreme hardships for immediate relatives in the U.S. who are legal permanent residents or citizens.

U nonimmigrant status (U-Visa)

If you have experienced severe physical or mental suffering from a criminal activity in the U.S. – such as trafficking, sexual assault, extortion or other qualifying acts — and will agree to help law enforcement investigate and prosecute the wrongdoings, you may be able to avoid deportation and achieve lawful permanent resident status.

Speak to an Immigration Attorney about Deportation Defense

Bassey Immigration Law Center has extensive knowledge of removal laws and deportation procedures. Our multilingual legal team educates and advocates for clients as we help them work toward the most favorable and efficient resolution.

For expert legal guidance on beating a deportation or removal order, speak to an immigration lawyer Miami, FL residents have come to trust for solid defense strategies. Contact Bassey Immigration Law Center today for more information.