"WINNING IN IMMIGRATION COURT -- AVOIDING DEPORTATION" by John Alcorn
|Posted on June 10th, 2015 by Admin istrator|
WINNING IN IMMIGRATION COURT -- AVOIDING DEPORTATION
By John R. Alcorn, Attorney at Law
Sadly, most people placed into Immigration Court proceedings by the federal government do not have a competent immigration attorney to represent them, and most of them lose. They end up either being physically deported to the country of their citizenship, or, at best, being granted the "privilege" of voluntarily departing the United States (at their own expense, and within a very limited time frame) to return to the country of their citizenship. The federal government often arrests and jails the persons they place into Immigration Court proceedings.
The federal government cannot legally deport a person who is a U.S. citizen, although it is often difficult for persons to prove that they in fact are U.S. citizens. If a person was born outside the U.S. and at least one of his or her parents was a U.S. citizen at the time of the person's birth, that person might well be a U.S. citizen (even if, as is sometimes the case, that person had to illegally enter the U.S.). If a person was born outside the U.S., and neither of his or her parents was a U.S. citizen at the time of the person's birth, the person might well be a U.S. citizen if one or both of his or her parents became a U.S. citizen before the person became 18 years old (even if the person has never been in the U.S.). Of course, any person born in the U.S. is a U.S. citizen, even if that person's parent or parents took the person to a different country soon after birth and raised the person in the different country.
Assuming that a person who is placed into Immigration Court proceedings by the federal government is in fact not a U.S. citizen (or something termed a "national of the U.S.", which is a very rare, very limited category), then the federal government labels that person with the term "alien". In the federal government's view, the entire human population of the earth is divided into only two categories: U.S. citizens and aliens. The federal government can place any "alien" it wants, even a Lawful Permanent Resident (often referred to as an "L.P.R." or a "green card holder") into Immigration Court proceedings to face the possibility (probability) of deportation.
The federal government designates four sub-categories of "aliens":
1. Lawful Permanent Residents;
2. Nonimmigrants -- persons lawfully in the U.S. on temporary visas;
3. "Visa Violators" -- persons who lawfully entered the U.S. on temporary visas, but who worked without legal authorization, or who became "overstays", or who are alleged to have somehow violated the conditions of their visas in other ways; and,
4. "Illegal Entrants" -- persons who entered the U.S. "without inspection", and without a passport from their country of citizenship, and without a U.S. visa
Any non-U.S. citizen who has one or more criminal convictions, whether in the U.S. or in another country, is at severe risk of being placed into Immigration Court proceedings. There is an entire body of federal law dealing with "aggravated felons." As a general rule, persons who are aggravated felons and who are deported from the U.S. have a lifetime bar against ever being lawfully able to return to the U.S.
In Immigration Court proceedings there are several ways to try to beat a deportation, even for some aggravated felons, if they obtain a competent immigration attorney before being placed into Court proceedings.
Mr. Alcorn is a Board Certified Specialist Attorney in Immigration and Nationality Law
by the State Bar of California, Board of Legal Specialization
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