An Immigration Law firm in New York talks about deportation without hearing –Part Iby Michael Wildes (Wildes and Weinberg P.C)
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.
Expedited removal process -
In this process, foreign nationals who have misrepresented their eligibility to enter the United States are generally targeted. This also includes immigrants who have furnished false information at the port or border in order to gain entry. Aliens who have gained entry by providing false and forged documents are also removed by this process. In most cases, aliens are deported without hearing. However, in some cases, it involves those seeking asylum, the alien is interviewed by an asylum officer. An individual is barred from entering the United States for a period of 5 to 20 years if removed by the expedited removal process. This process also applies in cases in which an alien has been convicted of a crime such as those related to drug, rape, murder, sexual abuse of minors and possession of fire arms. However, these aliens are deported only on the completion of their prison term.
In the part-II of the article, we will look at the various aspects of removal due to an administrative process.