US immigration laws and policies affect not only those wishing to immigrate to the US, but also those needing to travel here for business, education and pleasure. For more information on immigration law, contact our firm to schedule a consultation with an experienced immigration lawyer.
Important Information about Your Immigration Rights
Provided by Attorney Daniel E. Chavez, in Petaluma, California
If you are a foreign national and want to legally reside in the United State, or you want to bring a family member to live with you, you may be uncertain about the laws and procedures, as well as your rights in an immigration matter. The information below, provided by the Law Offices of Daniel E. Chavez, answers basic questions about immigration. Attorney Chavez, a board-certified specialist in immigration and nationality law, has protected the legal rights of immigrants for over 30 years. To learn more about our immigration practice, see our immigration law page.
Contact our office or call us at 707-766-0471 (toll-free at 888-432-6097) to schedule an appointment.
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Contact a board-certified immigration and nationality lawyer! At the Law Offices of Daniel E. Chavez, in Petaluma, California, we have over 30 years of experience handling immigration law matters. We are licensed to practice in all state and federal courts in California. Flat fees charged for most services.
For experienced representation in immigration matters, contact Daniel E. Chavez, the only attorney in Sonoma County who is board-certified in immigration and nationality law by the state of California. We offer over 30 years of experience to individuals in immigration matters, including family-based immigration, removal defense, and immigration appeals.
Removal
Removal occurs when the federal government formally removes an alien from the country for violation of US immigration or other laws. Once deported, an alien may lose the right to return to the United States, even as a visitor. If you or a loved one are facing removal, call Law Offices of Daniel E. Chavez in Petaluma, California, today to speak with an experienced immigration lawyer.
Removal (also known as deportation) is a legal proceeding initiated by the federal government against an alien who has violated the terms of his or her visa or broken another US law. Aliens with permanent legal status and nonimmigrant status may be deported. Aliens who are subject to removal have legal rights to challenge their removal prior to being removed from the country.
Classes of Aliens Subject to Removal
Title 8 of the United States Code contains the country's immigration laws, including the grounds for removal. Some of these grounds include:
- Conviction for certain crimes
- Working illegally
- Overstaying visas
- Entering marriage fraudulently to gain entry into the country
- Assisting, encouraging, aiding or abetting others to enter the country illegally
- Using fraudulent or falsified documents to enter the country
- Providing material misrepresentations to gain entry
- Abandoning permanent resident status
- Terminating conditional permanent resident status
- Violating the terms of their immigrant status or other condition of entry
- Failing to register once entering the US
- Engaging in any activity that endangers public safety or creates a national security risk
- Violating any other US immigration or other law
Alien Rights in Removal Proceedings
If there is evidence an alien has committed a deportable offense, the alien will be subject to removal proceedings by the Department of Homeland Security (DHS). Removal proceedings are brought before an immigration judge, who determines whether or not the alien will be deported.
Aliens subject to removal have certain rights, such as:
- The right to legal representation
- The right to notice of the charges against him or her
- The right to examine the evidence against him or her
- The right to cross-examine government witnesses
- The right to appeal
If the immigration judge finds against the alien and orders him or her deported, the alien had 30 days from the date the decision is entered to appeal it to the Board of Immigration Appeals (BIA). If the BIA decides against the alien, the alien has the option of filing a petition to appeal the BIA ruling with the appropriate US Court of Appeals. The DHS also has the opportunity to appeal an unfavorable removal hearing decision, but may not appeal an unfavorable BIA ruling. Either the alien or the DHS may petition the US Supreme Court to review an unfavorable appellate court decision.
Conclusion
The consequences of being deported from the US can be catastrophic. Legal representation throughout the removal process is essential. Contact Law Offices of Daniel E. Chavez in Petaluma, California to schedule a consultation with an experienced immigration attorney.
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