LEGAL LANGUAGE SERVICES

Frequently Asked Questions on Immigration and Naturalization

Q. What is Removal?

A. Removal, formerly called “deportation”, is the procedure that the U.S. government begins when it wants to expel a noncitizen.

Q. What are the grounds for Removal?

A. Noncitizens can be expelled for a number of reasons:

A person who entered the country on a temporary visa, that has since expired.

A person who has entered the country illegally.

A person who has violated immigration laws.

A long-time immigrant who has a green card can be expelled if they commit a crime, or have committed a crime in the past.

There are many grounds for removal, which arise out of economic, moral, political, security, health, criminal, or other concerns.

There are additional grounds for removal added by the new immigration law enacted in 1996. They include:

Making a false claim of U.S. citizenship in order to receive a benefit under the immigration laws (even for employment purposes).

Conviction for a crime that was the result of domestic violence, stalking, or child abuse.

Although a person may be able to seek a waiver of removal in certain circumstances, there are some grounds for removal that can not be waived.

Q. What is a Waiver?

A. In limited circumstances, a lawful, permanent resident who is removable because of the commission of a crime can seek a waiver. The person must show that the positive factors of staying in the country outweigh the crime.

The positive factors may include: length of time in the United States; family ties to this country; extreme hardship if removed; good moral character; rehabilitation; good employment history; and health needs.

If relief from removal is granted, the person can remain in the United States as a lawful permanent resident.

Q. What is a Voluntary Departure ?

A. If a person has been in the United States for at least one year before the government seeks removal, is of good moral character, and has the money and willingness to leave the country voluntarily, then that person can obtain a limited amount of time to exit voluntarily.

Q. Why would a person seek Voluntary Departure?

A. Departing voluntarily, rather than at government expense, can make it easier for the person to obtain a visa to re-enter the United States in the future. Otherwise, a person who is removed by the government is barred from re-entering the country for five years or 20 years if convicted of an aggravated felony.

Q. What can happen if you fail to appear at Removal Hearing?

A. Failure to appear at a removal hearing can result in an order of removal entered in the person’s absence. Once this occurs, the person is barred from seeking many types of relief from removal for ten years.

Q. What is the new Department of Homeland Security Act 2002?

A. The new Department of Homeland Security Act 2002 was signed into legislation by President George W. Bush on November 25th, 2002.
The U.S. immigration functions will be divided into two units in the new department: The Bureau of Border Security (BBS), and The Bureau of Citizenship and Services (BCS). The BBS will enforce rules at the border, as well as administer the regulations of SEVIS (Student and Exchange Visitor Information System). The BCS will pass final judgment on the functions of the U.S immigration system. This new law also gives the Secretary of the Department of Homeland Security, former Pennsylvania Governor Tom Ridge, authority over visa policy, while the State Department will be in control of actual visa issuance. The new division will take over innumerable duties that were previously the responsibility of offices ranging from the Department of Agriculture to the Coast Guard. This department is expected to be in place in one year.

The new Department of Homeland Security will monitor the nations terrorism vulnerabilities, and develop intelligence to match it, and eventually surpass it. New technologies will be developed to detect threats, coordinate the training and funding of local police and fire departments, and to enhance regulations at U.S. borders and ports of entry. Another addition to this new Department is the Cyber Security Enhancement Act, which expands the ability of police to conduct Internet or telephone eavesdropping without first obtaining a court order. The new penalty is up to life in prison for computer intrusions that put the lives of others at risk. Implementing this new law will definitely be a long and difficult process, not only because some of the language is vague and open to interpretation, but also because of the shifting of personnel that must take place in the already existing departments.