Deportation (Removal)

Deportation is the formal removal of an alien from the United States when the alien has been found removable for violating immigration laws. Removal is ordered by an immigration judge without any punishment being imposed or contemplated. Prior to April 1997 deportation and exclusion were separate removal procedures. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures. After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability. Deportation and exclusion proceedings have been combined into a single proceeding called a "removal" proceeding. There are five broad categories or grounds for deportation. They include:

• Entering the country without proper authority
• Status violators who violate the terms of their admission or work without permission
• Persons with a broad range of criminal convictions
• Persons who are members of certain prohibited organizations
• Certain people who become public charges within five years of entering the U.S.

Deportation is a legal proceeding, and anyone who is subject to it has a legal right to challenge it prior to being removed from the United States. A legal challenge involves appearances before a government body. The laws involved are complex and change constantly. As a result, legal representation is essential for your success in avoiding deportation. Millar & Smith has many former clients who were once in deportation proceedings and are now U.S. citizens. We implement strategies which may take you out of deportation and into permanent lawful resident status - on the way to U.S. citizenship.

Exclusion and Inadmissability

An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission is held to be Inadmissable. The alien may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission. Prior to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, exclusion was the formal term for denial of an alien's entry into the United States. The decision to exclude an alien was made by an immigration judge after an exclusion hearing. Since April 1, 1997, the process of adjudicating inadmissibility may take place in either an expedited removal process or in removal proceedings before an immigration judge.

Millar & Smith, PLLC has assisted many people in defense against removal and exclusion. We provide full service representation for filing, test and interview preparation, and defending against actions and requests for evidence (RFEs) from the government. Our immigration attorneys guide the case through processing to ensure proper handling. Contact us for more information or to start your case.