Removal Proceedings are used by Department of Homeland Security (DHS) to try to deport non-citizens they believe are not entitled to stay in the U.S., or to keep out non-citizens that they believe do not have a right to enter the United States.

Undocumented persons or those who used an illegal entry into the United States are subject to both the grounds for inadmissibility and the grounds for removability.  

Removal proceedings are conducted by Immigration Courts throughout the USA to determine whether certain aliens are subject to removal from the U.S.  The removal proceeding is generally the sole procedure for determining whether an alien is inadmissible, deportable, or eligible for relief from removal.

DHS begins removal proceedings against many types of non-citizens, including but not limited to:

  1. Non-citizens who are trying to enter the U.S. but are not entitled to do so. Because they do not have a visa, they have fraudulent travel documents, or other reasons. This also includes temporary visa holders who entered the U.S. legally, but whose lawful status has expired;
  2. Non-citizens who entered the U.S. without going through regular immigration inspection, usually by crossing illegally across the Canadian or Mexican border;
  3. Non-citizens who have accrued unlawful presence by remaining present in the U.S. after the expiration of the period of stay authorized or by being present without  being legally admitted or paroled, in the U.S.;
  4. Non-citizens who apply for immigration benefits such as permanent residency or political asylum, or Naturalization whose applications are denied by Immigration;
  5. Non-citizens who do not leave the U.S. after Temporary Protected Status for nationals of their countries ends; and
  6. Lawful Permanent Residents who have violated the immigration laws by committing crimes in the U.S., or by remaining outside of the U.S. for extended periods.

 

Those who have been ordered deported have several options for obtaining relief:

  1. Voluntary departure;
  2. Adjustment of status;
  3. Cancelation of the removal proceedings;
  4. Request for deferred action;
  5. Claim asylum; or
  6. By applying for an applicable waiver of inadmissibility

 

Immigration Court proceedings involve a number of federal agencies and a broad range of legal issues.  For any person referred to or involvmed in removal proceedings, they should immediately seek experienced immigration counsel.  Effective representation requires an experienced attorney with knowledge of the court proceeds and immigration law.

For a consultation on a case involving removal proceedings, please contact Kolko & Associates, P.C..   On a limited basis, the firm accepts various removal cases after a thorough consultation and review of the legal issues and options involved in the case. 

Most removal cases handled by Kolko & Associates, P.C., are charged an hourly rate for the professional services provided. 

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Kolko & Associates is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, German, and Slovak, and we can arrange for translators in any other language.