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Any person who is in the United States either illegally, as a temporary visitor, or as a permanent resident can, under specific conditions, be deported or removed from the United States. Until such time that you become a United States citizen, no matter what your status, you can be subject to deportation or removal if you are found by a court to be removed for violating the laws of the United States.
Removal proceedings are formal court proceedings which allow the person charged with removal to refute or accept the charges and apply for an available form of relief. The removal process begins with the “issuing of a Notice To Appear”. The “Notice To Appear” is your notice that you have been put in Removal proceedings. Failure to follow the instructions listed on the “Notice To Appear” can result in your being ordered removed from the United States without the opportunity to refute the charges or request an available form of relief.
Removal proceedings are an incredibly complex process that requires the skills and experience of a qualified attorney. It is important to realize that once the Immigration and Naturalization Service has issued you a “Notice To Appear” your previous status remains the same until the courts reach a final decision on your case. This means that you cannot, with few exceptions, be ordered removed from the United States without first hearing the charges against you and having the opportunity to refute those charges, or in the alternative accept those charges and apply for an available form of relief from the Immigration and Naturalization Service. Although, given the new Special Registration and other security guidelines being reviewed under the Department of Homeland Security it is possible to be held in INS custody pending proceedings.
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