Removal, also known as deportation, is a court proceeding where a judge determines whether an immigrant may remain in the U.S. If an order of removal is entered, the immigrant may appeal their case. Those who are deported are barred from returning to the U.S. for a period of 5 years to life.
The Mark Kocol Law Group can prepare and file the required documents for this process. For a free consultation, please fill out the web consultation form or call 312.588.0466.
To avoid deportation, a lawful permanent resident must establish the following:
- Be a legal permanent resident for at least 5 years
- Be a continuous resident of the U.S. for at least 7 years
- Have no convictions of an aggravated felony
- Not be a security risk to the U.S.
A non-permanent resident must establish the following:
- Continuous resident of the US for at least 10 years
- Good moral character for at least 10 years
- Not be a security risk to the U.S., nor deportable under criminal grounds, marriage fraud or falsification of documents
- In casess where a deportation would result in an exceptional and extremely unusual hardship to a spouse, parent or child, who is a US citizen or a lawfully admitted alien.
An individual may avoid deportation by applying for asylum. To qualify for asylum they must prove a well-founded fear of persecution upon returning to their home country. The cause of this fear must be based on political opinion, religious belief, nationality, race, or membership in a particular social group. After one year as an asylee, the immigrant may be eligible to apply for a green card.
For more information, please fill out the web consultation form or call 312.588.0466.
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