One can get arrested by the police following an infraction and perhaps get away with Immigration getting involved. However, some criminal arrests will be followed by a detainer placed by Immigration and Customs Enforcement (ICE) because of the nature of the underlying offense.

Alternatively, one can also get detained by ICE after having been convicted of a criminal offense (even years later) or upon discovery of the person’s unlawful presence or commission of a removable act (such as marriage fraud, misrepresentation…). Detention can also occur with Customs and Border Protection (CBP) upon entry into the U.S. or after a deferred inspection.

Those agencies may decide in their discretion that the detention of the foreign national does not serve the government or the foreign national’s family and place this person under supervised release or release the foreign national on his own recognizance.

Alternatively, once a detainer is placed on the foreign national, it is possible to have an immigration attorney involved to attempt to lift the hold. However, and in many occasions, ICE will transfer the foreign national to a detention facility, if removable, and wait for a hearing before an Immigration Judge. If eligible, the foreign national may benefit from a bond hearing and obtain a release from detention pending the removal proceedings. There are cases where mandatory detention applies (such as with most criminal convictions) and the foreign national is not eligible for bond, such that he or she will be detained throughout the pendency of the removal proceedings, until a final decision is made on the relief sought (if any).

There is no difference between removal and deportation. Removal is a newer term for what was deportation proceedings and encompasses inadmissibility and deportability. People seeking to be admitted to the USA are subject to the grounds of inadmissibility (INA 212 (a) and persons who have been admitted are subject to the grounds of deportability (INA Sec 237).

It depends, someone detained will be on an expedited docket (3-6 Months) but a non-detained person will not. However, the current administration is pressuring Immigration Judges to complete cases as soon as possible and less continuances will be granted to pursue pending benefits at USCIS. It also depends on the location of the court and how many immigration judges there are at that location.

At the Orlando Immigration court, expect 1-1.5 years from the master calendar hearing. If it is a non-LPR cancellation, you can wait a few years after your individual hearing to get your green card (if your case is granted) because the visa numbers are numerically limited, and those numbers are backlogged several years.

If the cancellation of removal is denied you can appeal to the Board of Immigration Appeals (BIA). Usually a decision from them is 1-1.5 years if you present a well- reasoned brief. During this time, you can renew your work permit and remain in the USA. From there you can go to the circuit court of appeals, if the decision is not based on the exercise of discretion but instead legal error. Also, the filing of a petition at the circuit court level will not automatically stay your removal from the United States unless a stay of removal is granted by the Court.

In order to qualify for cancellation of removal as a nonresident of the USA, you must accrue 10 years of continuous presence in the USA. That ten years stops at the time of NTA issuance (when you are placed in removal proceedings) or when you commit certain crimes if you are pursuing cancellation of removal as a lawful permanent resident.

Getting married does not stop deportation. You must prove your marriage to USCIS and then adjust your status with the Immigration Judge. If your adjustment of status is granted you become a permanent resident and your deportation proceedings are over at the time the Judge grants your case. In the past, the Immigration judges would terminate proceedings after the immigrant petition was approved, but they are no longer doing that.

Often yes (unless prior marriage fraud) after an immigrant petition approved and waiver(s) granted.

Yes, sometimes, after the passage of time or granting of a waiver of inadmissibility and/or permission to reapply. You must also have an underlying available immigrant visa.

Often you can prolong your deportation proceedings to pursue your green card based on marriage, but you could be deported if you committed marriage fraud (no waiver available for another immigrant petition). Depending on whether you entered with or without inspection, you may still have to leave the country, obtain an immigrant visa with a waiver in order to come back to the USA.

Yes, on appeal or also if remanded to the Immigration judge from the Board of Immigration Appeals for a new decision from the Immigration Judge. Alternatively, an Immigration Judge may reopen your case after the deportation order if there was an error of law or you can present new facts which would impact your case.

You may be able to terminate deportation proceedings if they are incorrect to begin with. You should always have your case evaluated by a competent deportation defense attorney to make sure of this before you admit to anything and become deportable. If you already have a final order of deportation you may apply for a stay of removal directly with ICE. Call us today! We are certified as experts in Immigration and Nationality Law by the Florida Bar.

Withholding of removal is a deportation order but withholding the physical removal of the person. It does not lead to permanent residence the way that asylum does, but you can obtain work permits indefinitely on an annual basis.

Yes. Expedited removal is a deportation and you will need to wait out a certain number or years (generally 5 years) or obtain a waiver to return to the USA.

Deportation orders don’t expire, but after a certain number of years you may no longer need a waiver or permission to reapply to return to the USA.

You can check with your Alien number by calling 1-800-898-7180.

Withholding of Removal lawful status is permission to remain in the USA with a removal order. It does not lead to permanent residence the way that asylum does, but you can obtain work permits indefinitely on an annual basis.

Generally no, unless the naturalized person committed fraud in seeking citizenship and is de-naturalized.