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Deportation

One of the main ways to become a legal permanent resident is through family sponsorship. You can be sponsored by a US citizen spouse, parent, adult child or sibling. If you have questions about the process for obtaining a green card, contact our office to speak with a knowledgeable immigration attorney.

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The immigration process can be confusing. With so many options, you want to find the solutions that best fit the needs of your family or business. At the Los Angeles area law offices of Nelson & Associates, we will answer any questions you may have as we guide you through the immigration process. With over 30 years of combined experience, our attorneys understand the obstacles you face and the options you have available.

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Every individual, business, or family faces unique challenges going through the immigration process. Whether you are interested in a student visa or long-term employment options, there is a plan that best addresses your needs. Completely dedicated to immigration law, our lawyers will make sure you come up with a plan that fits your immediate and long-term goals. Contact us today for a free initial consultation.

The immigration process can be intimidating, especially if English is not your first language. We understand that you want to know exactly what is going on, and that is why we offer legal counsel in Spanish, Mandarin, Cantonese and Filipino as well as in English. We will make sure you have answers that make sense. Contact us today for a free initial consultation.

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Removal

Removal occurs when the federal government formally removes an alien from the country for violation of US immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor. If you or a loved one are facing removal, call Nelson & Associates, A Professional Law Corporation in Pasadena, California, today to speak with an experienced immigration lawyer.

Removal (also known as deportation) is a legal proceeding initiated by the federal government against an alien who has violated the terms of his or her visa or broken another US law. Aliens with permanent legal status and nonimmigrant status may be deported. Aliens who are subject to removal have legal rights to challenge their removal prior to being removed from the country.

Classes of Aliens Subject to Removal

Title 8 of the United States Code contains the country's immigration laws, including the grounds for removal. Some of these grounds include:

  • Conviction for certain crimes
  • Working illegally
  • Overstaying visas
  • Entering marriage fraudulently to gain entry into the country
  • Assisting, encouraging, aiding or abetting others to enter the country illegally
  • Using fraudulent or falsified documents to enter the country
  • Providing material misrepresentations to gain entry
  • Abandoning permanent resident status
  • Terminating conditional permanent resident status
  • Violating the terms of their immigrant status or other condition of entry
  • Failing to register once entering the US
  • Engaging in any activity that endangers public safety or creates a national security risk
  • Violating any other US immigration or other law

Alien Rights in Removal Proceedings

If there is evidence an alien has committed a deportable offense, the alien will be subject to removal proceedings by the Department of Homeland Security (DHS). Removal proceedings are brought before an immigration judge, who determines whether or not the alien will be deported.

Aliens subject to removal have certain rights, such as:

  • The right to legal representation
  • The right to notice of the charges against him or her
  • The right to examine the evidence against him or her
  • The right to cross-examine government witnesses
  • The right to appeal

If the immigration judge finds against the alien and orders him or her deported, the alien had 30 days from the date the decision is entered to appeal it to the Board of Immigration Appeals (BIA). If the BIA decides against the alien, the alien has the option of filing a petition to appeal the BIA ruling with the appropriate US Court of Appeals. The DHS also has the opportunity to appeal an unfavorable removal hearing decision, but may not appeal an unfavorable BIA ruling. Either the alien or the DHS may petition the US Supreme Court to review an unfavorable appellate court decision.

Conclusion

The consequences of being deported from the US can be catastrophic. Legal representation throughout the removal process is essential. Contact Nelson & Associates, A Professional Law Corporation in Pasadena, California to schedule a consultation with an experienced immigration attorney.

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DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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