U.S. Citizenship and Deportation or Removal Proceedings

1. What are the eligibility requirements for U.S. citizenship?


In order to be eligible for U.S. citizenship, an individual must typically fulfill the following requirements:

– Be at least 18 years of age
– Have been a Permanent Resident of the United States for at least five years
– Have a basic understanding of the English language and U.S. government and history as demonstrated through a civics exam
– Have good moral character and no criminal record
– Pass a background check
– Pay a naturalization fee

2. Can one obtain U.S. citizenship through naturalization?


Yes, one can obtain U.S. citizenship through naturalization. Naturalization is the process by which a foreign national can become a U.S. citizen. To be eligible for naturalization, applicants must meet certain requirements, such as having a green card for at least five years, passing a U.S. civics and history test, and demonstrating good moral character.

3. How long does it take to become a U.S. citizen through naturalization?


It typically takes around 6 months to become a U.S. citizen through naturalization, though the exact timeline can vary. The entire process—from filing the application to taking the Oath of Allegiance—can take anywhere from 6 to 12 months, depending on the individual’s circumstances and the backlog at their local office.

4. What are the differences between lawful permanent residence and U.S. citizenship?


Lawful permanent residence grants the right to live and work in the United States on a permanent basis, but does not grant the right to vote, hold public office, or qualify for certain federal benefits. U.S. citizenship grants all of these rights, as well as the right to apply for a U.S. passport and return to the U.S. after international travel. U.S. citizens are also eligible for federal grants and scholarships and can sponsor family members for immigration to the United States.

5. What are the benefits of citizenship?


The benefits of citizenship include the right to vote, the right to hold public office, access to government services, the ability to obtain a passport, and access to federal financial aid for college. Additionally, citizens are eligible to serve on a jury and are able to access more job opportunities than non-citizens. Finally, citizenship often includes protection against deportation and the ability to sponsor family members for permanent residency.

6. What are the grounds for deportation or removal?


Grounds for deportation or removal include: 1) Violating immigration laws (such as overstaying a visa or entering the country without proper documentation); 2) Committing a crime (including any offense that is considered a felony in the United States); 3) Becoming a public charge; 4) Engaging in certain activities (such as espionage, terrorism, or other activities of a subversive nature); 5) Having an unresolved immigration status; 6) Falsifying documents; 7) Refusing to provide information to immigration officials; 8) Failing to register with the Selective Service System; and 9) Entering into a sham marriage.

7. How do I know if I am subject to removal or deportation proceedings?


If you are subject to removal or deportation proceedings, you will likely be notified by an Immigration Court. You may receive a Notice to Appear (NTA) in the mail from the Department of Homeland Security (DHS). The NTA is a document that includes the charges against you and the date of your court hearing.

8. What is the process for deportation or removal proceedings?


Deportation or removal proceedings begin when the U.S. government issues a Notice to Appear (NTA) to an immigrant, alleging that the individual is deportable. After the NTA is issued, the individual will appear in immigration court to answer the charges. At the hearing, the judge will review any evidence and hear arguments from both sides before making a decision about whether the immigrant can remain in the U.S. or must be removed from the country. If removal is ordered, the individual may appeal the decision and can request an administrative review of their case. Ultimately, if all appeals are denied, immigration officials will take the person into custody and arrange for their deportation.

9. Can I appeal a deportation or removal order?


Yes, you can appeal a deportation or removal order. A person who has been issued a deportation or removal order can request an administrative review of the order by filing a Form I-290B, Notice of Appeal or Motion with the Immigration Court that issued the order.

10. What rights do I have during removal proceedings?


During removal proceedings, you have the right to legal representation, to review and respond to evidence against you, to present evidence and witnesses on your behalf, to cross-examine witnesses testifying against you, and to appeal any adverse decision by the immigration judge. You also have the right to remain silent and not incriminate yourself.

11. How can I avoid or minimize the risk of deportation or removal?


The best way to avoid or minimize the risk of deportation or removal is to ensure that your immigration status is in good standing. This means that you should confirm that your documentation is up-to-date and that all of your required paperwork is filed and maintained properly. Additionally, you should not engage in any activities that would lead to deportation or removal, such as committing a crime, violating the terms of your visa, or overstaying your visa. Finally, it is important to consult with a qualified immigration attorney who can provide advice and explain your rights under US immigration law.

12. What are some common defenses against deportation or removal?


Common defenses against deportation or removal include:

1. Cancellation of Removal for Non-Permanent Residents
2. Asylum or Withholding of Removal
3. Cancellation of Removal for Certain Permanent Residents
4. Adjustment of Status
5. Temporary Protected Status (TPS)
6. Deferred Action for Childhood Arrivals (DACA)
7. U Visa for Victims of Crimes
8. Legalization Programs
9. Administrative Closure or Reopening of Cases
10. Motions to Reopen or Reconsider
11. Prosecutorial Discretion
12. Humanitarian Parole
13. Voluntary Departure
14. Bond Redetermination

13. How is an asylum claim related to deportation or removal proceedings?


An asylum claim is related to deportation or removal proceedings because if an individual believes they will be persecuted in their home country, they can apply for asylum in the United States. If their asylum claim is accepted, then deportation or removal proceedings will end and they will be allowed to remain in the United States. If the asylum claim is denied, then the individual can be deported or removed from the United States, depending on the situation.

14. Are there any waivers available to defend against deportation or removal?


Yes, there are several ways to defend against deportation or removal, including applying for asylum, cancellation of removal, temporary protected status, and relief under the Convention Against Torture. Each of these waivers has its own qualifications, so it’s important to speak with a licensed immigration attorney who can evaluate your case and determine if you qualify for one of these waivers.

15. How can I apply for relief from deportation or removal?


In order to apply for relief from deportation or removal, you must submit an application to the U.S. Citizenship and Immigration Services (USCIS) for the specific type of relief you are seeking. Depending on the type of relief you are applying for, this can include an I-130 Visa petition, an I-601 Waiver of Grounds of Inadmissibility, an I-485 Application to Adjust Status, or an I-212 Application for Permission to Reapply for Admission. If your application is approved, you may be granted permission to stay in the United States.

16. Are there any special programs available if I am facing deportation or removal proceedings?


Yes. Depending on your situation, there are several special programs available to those facing deportation or removal proceedings, including the Deferred Action for Childhood Arrivals (DACA) program, Temporary Protected Status (TPS), and U Visas. It is important to seek legal advice from an experienced immigration attorney in order to determine which program is best suited for your particular situation.

17. Can a legal representative help me with my deportation or removal proceedings?


Yes, a legal representative can help you with your deportation or removal proceedings. However, you should consult with an attorney who specializes in immigration law to help you determine the best course of action for your case.

18. Can I be detained during removal proceedings?


Yes. Individuals who are subject to deportation or removal proceedings may be detained by U.S. Immigration and Customs Enforcement (ICE). Detained individuals will be held in an immigration detention center until their case is decided.

19. Who can be deported or removed from the United States?


Any non-U.S. citizen (or non-U.S. permanent resident) can be removed from the United States if they are found to have violated certain U.S. immigration laws, such as entering the United States without proper documentation, overstaying their visa, or committing a crime. An individual can also be deported for engaging in activities considered to be a threat to national security or public safety.

20. How can I re-enter the United States after being deported or removed?


Re-entering the United States after being deported or removed is very difficult and not always possible. Generally, you must receive permission from the U.S. government in the form of an immigrant visa or waiver before attempting to re-enter the United States. If you have been deported or removed, it is important to consult with an experienced immigration attorney who can advise you on your options.