Hopefully, the new Biden Administration's proposed legislation for sweeping changes to the U.S. Immigration System will soon become law. Everyone at this firm is very excited about these changes and hopes that they will be passed in full by the House and Senate very soon! If you are able, we encourage contacting your local lawmakers to express your support for these changes that will make Green Cards more accessible and Naturalization a real option.
According to the 2019 Yearbook of Immigration Statistics of the U.S. Department of Homeland Security, over 1 million undocumented foreign nationals were arrested in the United States during the fiscal year 2019. Of these, an estimated 359,885 illegal immigrants were removed (or deported) from the country. A non-citizen may be deported from the United States following the federal government's orders. If you are an undocumented immigrant facing the likelihood of deportation, retaining a knowledgeable Rhode Island immigration law attorney is crucial to protect your rights.
The Law Office of Layne C. Savage provides experienced legal services and strong representation to individuals facing deportation and removal in Boston, Massachusetts, Providence, Rhode Island, and the surrounding communities. As your legal counsel, she will help you understand your personal situation, explore your legal options, and outline an effective legal strategy to help pursue the best possible outcome for your case. Attorney Layne C. Savage will fight diligently to protect your rights and help you seek relief from removal.
Deportation or "removal" is the formal removal of a foreign national or non-U.S citizen from the United States for violating immigration laws or committing a serious crime. The U.S. federal government may order that a non-citizen be deported from the country. Common reasons that can cause the U.S. Immigration and Customs Enforcement (ICE) to commence a deportation proceeding include:
Being in the U.S. without status (often called "illegal")
Violating a criminal law, regardless of when the crime was committed
A criminal conviction (Nolo Contendere or Guilty finding in a criminal case)
Conduct-based grounds, including drug abuse or alcohol addiction
Fraud or errors related to immigration documentation (intentionally being misleading or lying in immigration applications or petitions)
Living in the United States after the expiration of a legal visa (such as student, tourist, etc. visas)
Violating any term or condition of your visa status, such as failing to update your address
Failure to appear at an immigration hearing
The process of removal starts when a person is placed into "removal proceedings." The removal proceedings begin with a formal accusation or petition by ICE that a non-citizen is removable. (I.E. the filing of an NTA, see below.)
After placing you in removal proceedings, the Department of Homeland Security will file a "Notice to Appear" (NTA) with the Immigration Court. You will also be served a copy of the notice asking you to appear before an Immigration Judge (IJ). The judge will determine whether you should be removed or granted relief.
The first hearing in an immigration case is referred to as the Master Hearing. The Master Hearing allows you to discuss with the Immigration Judge and a government attorney whether the charges filed against you in the NTA are correct. To ensure that your rights are protected, it is best to go with an experienced Immigration attorney.
Additionally, the Immigration Judge will determine whether you are eligible to apply for relief from removal. If you are eligible to file any application or petition for relief, the Immigration Judge will set a deadline to file your application and present evidence to support your case. An Individual Hearing will be scheduled for your case.
At the Individual Hearing, the Immigration Judge will review all pieces of evidence and documents presented, hear your testimony, and determine whether to grant or deny your application - in other words, this is your trial on whether you will be granted relief to stay in the U.S. You will be removed (/deported) if the IJ denies your application. Although you may appeal the judge's decision if you can file your appeal before the stipulated deadline (30 days). Usually, as long as your appeal remains under review, you will not be removed or deported from the United States.
When facing the possibility of deportation, your attorney may use the defense of:
Not removable as charged
File for adjustment of status
Request relief from removal
If you are a non-U.S. citizen or undocumented immigrant in Immigration Court, you may still qualify for some form of relief from removal, including:
Family-based adjustment of status
Seeking Asylum OR protection under the Convention Against Torture (CAT) if you fear persecution in your country of origin
Cancellation of removal
Withholding of removal
Adjustment of Status under the Immigration and Nationality Act
Cancellation under the Violence Against Women Act (VAWA)
The fact that immigration laws in the United States are constantly changing makes them even more complex and tough to navigate on your own. Without detailed guidance or legal representation, you can easily miss out on your chances of avoiding removal or deportation. Therefore, when facing the possibility of deportation, it is crucial to have a knowledgeable Rhode Island immigration law attorney working on your behalf to ensure a favorable outcome in your case.
Attorney Layne C. Savage has devoted her career to offering reliable legal guidance, advocacy, and representation in immigration and deportation/removal matters. As an experienced removal defense attorney, she will review the circumstances surrounding your unique situation, help you understand your possible legal options, and determine an effective defense strategy for your case. Attorney Layne C. Savage will do everything within her capacity to help you seek relief from the federal government and ensure that you or your loved one isn't deported from the United States.
Are you an undocumented immigrant or foreign national facing possible removal? Contact the Law Office of Layne C. Savage today to schedule a free one-on-one case assessment. Attorney Layne C. Savage can offer you the experienced legal counsel and strong advocacy you need to navigate key decisions. She is proud to serve clients throughout Providence, Rhode Island, and the surrounding area. Take immediate action and reach out today to get the help you need.