Articles Posted in Deportation (Removal) Proceedings

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We’ve had many Cuban clients who had a false sense of security when it came to their immigration status as a Cuban Adjustment Act Lawful Permanent Resident.  They think that if they are convicted of a deportable crime, they will not be deported.  Although historically this has been the case, times are changing and more and more people are and are going to be physically deported to Cuba.


Who can be deported?


If you were convicted of a deportable offense, even if that conviction was decades ago, you would be subject to being placed in removal proceedings at any point in the future.  In other words, there is no statute of limitations for deporting someone based on a criminal conviction.  If you were placed in removal proceedings and ordered removed, but weren’t physically deported to Cuba because of existing relations at the time, you also can be deported based on that prior order at any time in the future.  The only thing standing between you and physical deportation to Cuba is whether Cuba accepts you back and whether U.S. policy to physically deport Cubans becomes more widespread.  So, once relations between Cuba and the United States thaw and certainly if the Cuban government transitions to a democratic government.

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Sometimes, there just is no relief in deportation proceedings that will allow the person to stay here.  Whether it’s because of lack of ties to the United States, lack of hardship to U.S. citizen relatives, criminal history, or other factors, you just may not be eligible under any provision of the Immigration and Nationality Act to remain in the United States.  No cancellation of removal.  No waivers. No asylum or withholding of removal.  Your immigration attorney has looked at your case from every angle and there just is no possible way to keep you here.  In those cases, there is often one last option that may have some very beneficial consequences.  It is called Voluntary Departure.  Florida immigration attorneys often request voluntary departure in the Orlando Immigration Court in both detained and non-detained cases.  So what is Voluntary Departure?


WHAT IS VOLUNTARY DEPARTURE?


Voluntary Departure is a form of relief that allows a person to leave on his or her own rather than under a removal (deportation) order.  Although, the person does have to leave the United States, it can have some really important benefits that help the person lawfully come back into the United States on a later date.

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