An Immigration Law firm in New York talks about deportation without hearing –Part II

In the part –I of the article, with the same title and introduction, we looked at the expedited removal process. In this article, we will focus on the second type- Administrative removal process. Millions of people around the globe apply for an American visa, every year, in order to gain entry to this land of coveted opportunities. However, only a few and deserving out of them gain entry to this land. Ask any immigrant what is his biggest fear? The answer would be, “Deportation to their home countries.” The illegal immigration reform added the removal proceedings in an amendment process to Immigration and Nationality Act (INA) to expel aliens and bar them from entering the United States.

It is a routine procedure for all those being served a deportation to have a hearing in fort of the immigration judge to explain his/her side of the story. However, a foreign national can be deported without any hearing in many cases. An Immigration law firm in New York talks about these types of deportation procedure in the section below.

Generally, two types of deportation procedures do not involve a hearing i.e. the expedited removal process and the administrative removal process. In both the processes, the individual requires help from an experienced immigration attorney to take a person out of the immigration entangles.

Administrative removal process

This removal process applies where a person has been convicted of aggravated felonies; however, it is not applicable to aliens in two cases. If the alien is not a legal permanent resident, or a green cardholder; who has the privilege of staying and working in the United States. The second case is when an individual is a conditional permanent citizen, who is married to either a US citizen or a LPR for a period of less than two years. Although those charged with administrative removal do not have an immigration hearing before the judge but he/she can be given the notice of the crime. They are also given a chance to hire a lawyer and to inspect charges to give a rebuttal.