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IMMIGRATION NEWS - Imigracja do USA

Deportations



Deportations

02-13-2012
ostatnia aktualizacja 02-12-2012, 10:46

Deportation, to most people, conjures up the image of a foreigner physically removed from the United States. In reality, however, it is a court process, oftentimes, a prolonged one, during which, every immigrant has a right to an attorney and all possible defenses. Even if this process ends up with a physical removal from the US, and it doesn’t have to end that way, it should happen at the end of a course of an appeal.

Deportation is not only a domain of illegal immigrants, apprehended by the immigration police or border patrol, while crossing the border illegally, at a roving traffic check point or through a raid on the place of employment. It is also permanent residents of the US, sentenced for criminal offenses. After serving their sentences in a state or federal prison, they are automatically transferred into the custody of immigration officials and are processed through a deportation system before the Immigration Court, without leaving detention. A bond, in such cases, is only rarely granted.

It is different in the case of “regular” illegal aliens. Most often, they appear before the Court out of their own volition, after posting a few thousand dollars bond or even without that. Similarly, with persons, whose employment or family sponsorship is doomed, (especially when they are prepared by home-schooled legal experts), and their applications for permanent residence are denied by the Immigration Service. There are also known examples of denials, without any basis or merit, which nevertheless still lead to an initiation of deportation proceedings.

The initiation of deportation, so called “Notice to Appear”, is nothing less than a detailed account of charges against a particular foreigner. These charges and alleged immigration violations, must be fully proven by the government attorney, the prosecutor, before an Immigration Judge begins the proceedings.
At least, that is how it is supposed to be in theory, but the reality is might be different. Many immigration judges are recruited from the former government attorneys and may tend to partial in their rulings. It is therefore very important, that the attorney who represents an alien in deportation proceedings, is not only a competent lawyer, but also a very watchful one.

It is good to remember, that deportation is not the end of the world. If someone truly qualifies for permanent residence, based on his or her sponsorship, then in most cases, the Immigration Judge will be more than willing to grant a case before the Court. Sometimes, it is better to proceed with a more complicated case in Court, rather than administratively, before the USCIS, because the level of competence and intelligence of an immigration judge or a government attorney is immeasurably greater than an average immigration official. A chance of successful completion of such a difficult case, then increases enormously.


Przemysław Jan Bloch
zapraszam do dyskusji na mój
BLOGH Internetowy: www.adwokatbloch.com

 

 

 

  


 


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  • Let Matt Kalinski st mk 02-14-2012 23:09
    Matt Kalinski is European Union citizen and outstanding US scientist frequently working in the United States. On June 8 2007 he was driving to Canada to participate in the International DAMOP Physics Conference in Calgary. Nine months before his entry permit was not issued at Atlanta International Airport for the length he requested suspecting illegal employment in the United States State Institution. Tired, he accidentally shown his Polish passport with expired Canadian visa to Canadian border protection service. He was stopped by Canada returned to the United States side and forcibly transported to Immigration Court to Florence Arizona by United States border protection. His private motor vehicle was ordered abandon in Coutts border crossing. His visa was canceled and he was removed on Voluntary Departure after two months of arrest in Florence Arizona. He never was able to apply for the Permanent Residence since his first entry to United States due to frequent necessity to abandon the United States for more then 6 months. His PhD in Physics from University of Rochester is not valid in post-soviet much worse than the American academic system of Poland and he must stay and work in the United States. Because his US education is not formally valid in Poland and normally requires a second defense all his visas including F student and B visitor must be exceptionally considered dual intentions and he never was an illegal immigrant as it excludes any to come back to Poland. Matt Kalinski is currently in European Union. He was arrested when LEAVING the United States !!! This petition is to US Senate, US Congress and the US President to, cancel Matt Kalinski deportation proceedings, investigate who cut Matt Kalinski from his home office closing him in Immigration Arrest and forcing to leave, not even allowing to cut his gas pipe for safety at home in Utah, when he was working on his permanent EB-1 visa application and allow him to came back to the United States. Matt Kalinski is European Union citizen and outstanding US Physicist and not the member of Al Qaeda.
  • Let Matt Kalinski st mk 02-13-2012 15:00
    Let Matt Kalinski even hungry and homeless work in science privately and stay on US soil with the US national academic degree the PhD what his Polish Passport blocks him from. Please sign the petition: ht tp://www.change.org/petitions/us-congress-us-senate-president-of-the-united-states-let-matt-kalinski-stay-in-the-united-states
 

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