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Removal – Deportation

Know Your Rights

Gavel on FlagIn the United States, undocumented aliens have rights in Removal (also known as Deportation) and detention matters.  These rights include the right to remain silent, the right to an Attorney (at his or her own expense), the right not to be subjected to search and seizure without a warrant, the right to seek asylum, the right to review by an Immigration judge or the Board of Immigration Appeals in most cases, and the right to an interpreter.  It is advisable that a person should not answer any questions or sign any documents without first seeking the advice of an Attorney.

Relief from Deportation

Even if a person is the subject of Removal (or Deportation) proceedings, there are various forms of relief available under the Immigration laws.  Such relief may allow a person to change his or her legal status and obtain status as a Legal Permanent Resident.  The type of relief you seek depends on your individual circumstances and the decision to grant or deny relief is within the discretion of the Immigration judge. As a result, it is important that you obtain proper advice from an experienced Immigration Attorney.

The most common forms of relief are cancellation of Removal/Deportation proceedings, adjustment of status, applying for asylum, withholding of Removal/Deportation, through the convention against torture, or seeking a Waiver of criminal or “moral” offenses under the Immigration laws.  Each of these remedies have their own legal requirements and need to be carefully evaluated by the person applying for such relief.  Thus, it is advisable that a person seeking proper advice from an experienced Immigration Attorney.

An alien may also seek a “voluntary departure”.  In essence, by choosing to leave the country voluntarily, the person may return to the United States without having to wait the mandatory 5 or 10 year period that otherwise results from an involuntary Removal or Deportation order. It should be noted that a person requesting a voluntary departure must comply or face serious penalties for non-compliance.

For more information or to schedule your Consultation on Immigration in Salinas or Monterey, please call our office at (831) 753-2200 or visit our website at www.AlliottsLaw.com, or e-mail Mr. Alliotts directly at Info@AlliottsLaw.com.