Deportation proceedings for permanent residents EOIR 42A or certain non-permanent residents EOIR 42B.
A lawful permanent resident of the United States, has some sense of security and has rights very similar to those of a U.S. citizen. But as a lawful permanent resident, you may still face deportation proceedings due to a conviction: and you may be eligible for deportation cancellation for lawful permanent residents. Once it is determined that you meet the eligibility requirements to request cancellation of deportation you must file an application with the immigration court.
Requirements for cancellation of deportation:
For permanent residents:
• Have resided in the United States for 7 consecutive years as a legal resident.
• Not have been arrested or convicted of any crime during the first 5 years of residence in the country.
For NON-permanent residents:
• Have a deportation case open.
• Have lived in the United States for 10 years continuously.
• Being a person of good moral character.
• Demonstrate that your deportation will result in exceptional and extra-compensating hardship to your spouse, parent or child who is a U.S. citizen or legal resident permannte.
When a person faces possible deportation, they can request a voluntary departure, instead of being deported and the crime committed is recorded in their record, they can apply to leave the country on their own. When the application is granted, they are given time to withdraw. Those who do not forgive the United States within the specified time may be subject to fines and deportation.
While both voluntary departure and mandatory deportation or repatriation may cause the person to leave the United States, the method of departure may have an impact on whether or not the person may or may not return legally in the future.
The immigration bond process begins when an ICE officer arrests an alien on the accusing him of being illegal in the United States. ICE will then transfer the alien to a detention center and give him a document in which ICE establishes the specific points for reporting that the alien's presence in the United States is illegal. An immigration judge will then determine the validity of these charges in deportation proceedings.
If the alien is not subject to mandatory detention (for example, for having been convicted of a felony), ICE will set the amount required to send an immigration bond. The purpose of such a link is to prevent the alien from having to remain in the detention center during the period of suspension of deportation proceedings. There is no standard amount for such bonds.
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