Form i 246. Application for a stay of deportation. i-246 – BIA Stay of Removal | Criminal Immigration Lawyer


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Form i 246. Application for a stay of deportation. i-246 – BIA Stay of Removal | Criminal Immigration Lawyer

 

Deportation is usually referred to as removal and is the process of expelling a foreigner from the country. Deportation for criminal offenses occurs when the Federal Government removes an immigrant from the U.S. for violations of immigration or criminal laws.

The deported immigrant may lose the right to return to the United States, even as a visitor. Naturalized citizens cannot be deported for actions taken, including criminal activity. Though, the U.S. government may discover that a naturalized citizen committed a crime before naturalizing and can deport him/her but only after taking away U.S. citizenship, a process called “denaturalization”.

Between 2009 and 2015, deportations under Obama have been more than 2.5 million. The number doesn’t include the number of people who “self-deported” or were turned away and/or returned to their home country at the border by U.S. Customs and Border Protection (CBP).

Deportation of criminals has been an issue at the forefront of the 2016 presidential campaign, with Republican candidate Donald Trump making it a focal point of his campaign. He has vowed to deport all of the estimated 11.3 million unauthorized immigrants living in the U.S. The process of deportation of illegal immigrants starts by the notification of Form I-862, Notice to Appear, by the Department of Homeland Security (DHS). The notice to appear contains the reason of removability from the United States.

The notice is filed with the immigration court having jurisdiction to the immigrant’s place of residence and must be properly served on the immigrant. The notice to appear must be properly served on the immigrant. If a respondent was not given proper notice of the court hearing, a deportation order entered in absentia can be rescinded by filing a Motion to Reopen. At the bottom of the notice to appear, it may list the date, time, and location of the initial Master Calendar Hearing.

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Form i 246. Application for a stay of deportation. i-246 - BIA Stay of Removal | Criminal Immigration Lawyer

 
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