Inadmissibility and Deportability 

Inadmissibility refers to the provisions outlined in the Immigration and Nationality Act (INA) Section 212 that prevent entry to the United States. It also prevents individuals from being eligible for Adjustment of Status.

Deportability refers to the provisions outlined in the Immigration and Nationality Act (INA) Section 237 that define actions or conditions that allow a foreign national to be removed or deported from the United States.

If you have received a deportation order, the best course of action is to immediately contact an immigration attorney well-versed in all aspects of immigration law. Our firm provides skilled and aggressive representation to build a deportation defense tailored to your specific situation. Our knowledgeable attorneys will work closely with you to ensure your rights are protected and you receive the best possible outcome.

The United States Citizenship and Immigration Services (USCIS) has confirmed the implementation of the new "Inadmissibility on Public Charge Grounds" final rule, which took effect on February 24, 2020. The new rule only applies to applications and petitions postmarked or submitted electronically to USCIS on or after February 24, 2020. Our Immigration Alert page has received numerous inquiries about the new Public Charge rule, and we address some of the most common questions and concerns.

If an Immigration Judge orders your removal, you cannot enter the US for at least 10 years unless you obtain permission. If you entered unlawfully or overstayed, you might face a permanent bar from the US if you return to Canada. You can request to reopen your case if circumstances warrant it or return to Canada and apply for permission to reenter before your next entry. The procedure for requesting permission and a waiver to reenter the US depends on whether you're entering as an immigrant or nonimmigrant.

People who overstay a tourist visa are considered to have overstayed their status and begin to accrue unlawful presence after their status expires. These individuals have various options, depending on factors such as how long they have been unlawfully present in the U.S., their country of origin, and any harm they may face if they return. Some options include requesting a status change, applying for a waiver, or voluntarily departing the U.S. before facing removal proceedings.

If your brother returns within 6 months of his last exit from the US, he should be fine. If he returns after 6 months, Customs and Border Protection may question his intent to reside in the US permanently. He should bring evidence of the reason for his extended stay, such as his mother's medical records and documents showing intent to permanently reside in the US (e.g., tax returns, evidence of employment, evidence of immediate family members in the US, etc.).

It is important to attend all scheduled deportation hearings. If you cannot attend, you must inform the immigration court immediately and provide a valid reason for your absence. If you miss your hearing and are ordered removed, you can file a motion to reopen your case. However, you must demonstrate that you had a valid reason for missing the hearing, such as lack of notice or exceptional circumstances beyond your control.

Always attend scheduled court hearings. A criminal judge isn't an immigration judge and cannot deport you but may inquire about your status to explain potential immigration consequences for convictions. If you don't go to court, a warrant will be issued for your arrest. There's a chance Immigration and Customs Enforcement could be notified of your unlawful status.

To be eligible for 10-year cancellation and adjustment of status, a person must have been physically present in the US for 10 years, have good moral character, not have certain criminal convictions, and establish that a qualifying relative will suffer exceptional and extremely unusual hardship. The process can take several years due to the backlog of cases in Immigration.