The power to give, take away, and deport. The United States does not welcome you with open arms. It allows non-citizens entry into the United States, under certain conditions. When these conditions are broken, you can expect nothing but the full force of the United States government through the Department of Homeland Security to bear down on you. Until you are a full-fledged US citizen, you may be deportable.
It all starts with the Notice to Appear (NTA). The NTA is the charging document issued by an authorized agent of the US Department of Homeland Security (DHS), to noncitizens who the government believes are inadmissible or removable. The NTA is issued to place a noncitizen in a full removal proceeding before an immigration judge, who will determine whether the noncitizen is to be removed or allowed to remain in the United States.
Who Can Issue an NTA? Various officials within DHS are empowered to issue NTAs in different circumstances. The US Immigration and Customs Enforcement (ICE), which is an arm of DHS that conducts investigations and enforcement and removal operations, may issue NTAs.
The US Citizenship and Immigration Services (USCIS) may also issue an NTA when it finds a noncitizen has not complied with regulations governing admission or maintaining lawful status after admission.
The US Customs and Border Protection (CBP) may also issue NTAs. CBP operates primarily at designated ports of entry and manages customs, immigration, security, and agricultural inspection duties. CBP makes thousands of determinations daily, concerning the admissibility of arriving noncitizens.
Below is a discussion on examples of what might trigger the USCIS, ICE or CBP to issue an NTA putting you in removal proceedings.
Inadmissible: When you are not allowed to enter. Nikolai is a Lawful Permanent Resident (LPR) who was admitted to the US in 1970. In 2000, he was convicted for 2 DUI convictions and petty theft. Recently, he took a vacation outside of the US for a few weeks. Upon his return, CBP took him aside and issued him an NTA for being an “inadmissible alien.”
Deportable: When you are getting thrown out of the country. Jennifer (also an LPR) was convicted of 2 counts of possession of marijuana, 2 counts of being under the influence of marijuana. She is currently out on bail for her 4th case in a span of 12 months, for resisting arrest, public indecency, and being under the influence of a controlled substance. She has just recently been issued an NTA alleging that she is “deportable.”
The Filing of an Application May be Trigger an NTA. In a third scenario, Marco has been living under the radar for 20 years and finally decided on filing for citizenship, without first consulting with an experienced immigration attorney. At the interview, he is shown a record of conviction for DUI that he had forgotten. Worse, there were several misdemeanor theft convictions from 10 years ago that he had also forgotten. Marco is scheduled for a second interview, and he is panicking as to what might happen.
In either of these scenarios, Nikolai, Jennifer, and Marco run the risk of being removed (deported) from the United States because of their convictions, notwithstanding their LPR status, and their long-term residence in the United States.
A Criminal Conviction’s Negative Impact on Immigration Status. The Record of Conviction (ROC) details an individual’s criminal history – his/her arrest, what s/he plead to, and the final judgment/sentence. The relief(s) available to an individual facing removal/deportation proceedings will depend largely on the record of conviction.
Not every criminal conviction will result in deportation and not every deportation proceeding will lead to an order of deportation. Nevertheless, certain commission of crimes will render a non-citizen inadmissible or deportable, and will run the risk of being placed in deportation proceedings. An individual should act quickly and consult both with a criminal attorney and with an experienced criminal immigration attorney who handles deportation defense, to mitigate the negative consequences of a criminal conviction to his/her immigration status.
It is important to be informed and know your options. An experienced immigration firm or attorney will be able to help you understand the options available to you under the evolving immigration laws.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.
