The Dorman Law Firm, LLC is a full service
Immigration Law Firm in Hartford, CT
Tanya T. Dorman, Esq. is an Immigration Attorney with extensive experience in deportation and removal litigation before the U.S. Immigration Court and the Board of Immigration Appeals (BIA).
The Dorman Law Firm, LLC, works tirelessly to protect the rights of immigrants because we understand the devastating effects that deportation and removal have on families, businesses, and communities.
We hope this page helps you to understand your rights. You have options, and we encourage you to contact us today to discuss the best strategy for your unique circumstances.
We’ve been representing clients across the United States – and in other countries – since we opened our doors in 2007. When it matters this much, put the knowledge and experience of The Dorman Law Firm on your side.
Call 860-524-1862 for an immediate consultation today.
What are deportation and removal proceedings?
The Illegal Immigration Reform and Immigrant Responsibility Act of 1997 (IIRIRA) replaced “deportation proceedings” with “removal proceedings”. Removal proceedings now include all deportation, exclusion, and deportation relief procedures.
Everyone is entitled to legal representation in removal proceedings, but attorneys are not appointed by the court, so everyone must obtain an attorney of their own choice.
It is the government’s burden to establish clear evidence that a person is removable from the United States. If the government meets this burden, you may be eligible to apply for relief (see below), and if your case is denied by the immigration court, you’ll have 30 days to appeal to the Board of Immigration Appeals (BIA).
Why do people face deportation and removal proceedings?
Removal proceedings often begin after a person is arrested and detained by Immigration and Customs Enforcement (ICE), or after a person is issued a “Notice to Appear for Removal Proceedings” or an “Order to Show Cause for Deportation.”
The Immigration and Customs Enforcement Agency generally seeks to deport persons who:
- entered the U.S. legally with a visa but overstayed the period they are authorized to stay in the United States;
- entered the U.S. without a visa or without being inspected by an immigration officer, or illegally crossed United States borders without being detected or inspected or paroled into the United States by Customs and Border Protection;
- entered illegally as a stowaway on ships or boats at ports of entry without inspection or parole into the United States;
- is a lawful permanent resident, but has a criminal conviction, committed fraud in obtaining the permanent residence or lied to obtain an immigration benefit;
- filed an immigration application with USCIS which got denied (for example, Asylum (I-589), Haitian Refugee Immigration Fairness Act of 1998 (HRIFA), Nicaraguan Adjustment and Central American Relief Act (NACARA), or an Application to Register Permanent Residence or to Adjust Status (I-485)), extension request for non-immigrant visas;
- committed a crime, most commonly:
- Aggravated felonies (including murder, rape, and drug trafficking)
- Domestic violence (including stalking)
- Drug offenses
- Sex offenses
- Theft offenses
- Weapons possession
Common forms of deportation and removal relief
- Adjustment of Status – Immediate family members of U.S. citizens, and some others, including those with terminated legal status based on marriage, may be eligible to apply to adjust their status to legal permanent resident.
- Asylum – Those with reasonable fear of persecution in their home country (based on political opinion, religious belief, nationality, race, or membership in a particular social group) may apply for asylum.
- Cancellation of Removal – At the discretion of the immigration judge or the BIA. A permanent resident must have held that status for five years, resided in the US for seven years, and not been convicted of a felony. Non-permanent residents must have served two years in the armed forces or have been continuously present in the U.S. for ten years or more.
- Convention Against Torture – The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment forbids states to transport people to any country where there is reason to believe they will be tortured.
- Legalization – Illegal-aliens granted amnesty by the court then qualify for legalization, and removal proceedings are concluded.
- Registry – Aliens residing continuously in the U.S. since 1971 are eligible to apply for registry as a permanent legal resident.
- Waivers - Waivers of removability are granted in some cases where removal would cause extreme hardship to an alien, or their spouse or parent who is currently a legal permanent resident or citizen.
- Withholding of Removal - Similar to asylum, but with a few key differences: the standard is generally tougher, it prohibits removal to a specific country, and you may not apply for permanent residence.
- Voluntary Departure - The last straw. If you can not find relief from removal through any other means, you should apply for voluntary removal. Factors considered include the nature of the removal and your ability to pay for your departure.
If you are in removal proceedings, or if you are affected by crimes or circumstances as described above, your ability to remain in the United States may be in jeopardy.
When it counts this much, put The Dorman Law Firm on your side.
Call 860-524-1862 for an immediate consultation today.