J. Molina Law Firm

Common Reasons for Removal Proceedings in Immigration Court

Removal proceedings are a legal process in immigration court where the U.S. government seeks to remove a noncitizen from the country. These proceedings are initiated by the Department of Homeland Security (DHS) when they believe that an immigrant has violated immigration laws. If you or a loved one is facing removal proceedings, it’s crucial to understand why they happen and what your options are.

Common Causes of Removal Proceedings

One of the most common causes of removal proceedings is entering the United States without proper documentation. Undocumented entry occurs when a person crosses the U.S. border without legal permission or overstays their visa. This is a serious violation and often leads to removal proceedings. However, even people with legal status can face removal under certain circumstances.

Another frequent reason is criminal activity. Non-U.S. citizens who have been convicted of certain crimes, such as drug offenses, violent crimes, or fraud, can be placed in removal proceedings. Even relatively minor offenses, if categorized as “aggravated felonies” under immigration law, can result in deportation.

A third common cause is immigration fraud. This includes using false documents, lying on immigration applications, or entering into a fraudulent marriage for the purpose of obtaining a green card. Immigration authorities take fraud very seriously, and anyone found guilty of it may be subject to removal.

Failure to maintain legal status is also a frequent reason for removal proceedings. For instance, a person may lose their status if they fail to renew their visa, violate the terms of their visa (such as working without authorization), or fail to attend important immigration interviews.

In some cases, non-citizens who apply for certain benefits, such as asylum or adjustment of status, may be placed in removal proceedings if their application is denied. This happens when the denial leads to the person no longer having lawful status. 

If you are facing removal proceedings, it is important to seek legal advice right away. J. Molina Law Firm can help you understand your rights and explore potential ways to stay in the United States. Contact us today for a consultation to discuss your case and find the best option for you. 

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