Attorney
Under What Circumstances Can Removal from the United States Occur?
For many families, immigration is part of a deeply personal story of work, opportunity and belonging. The prospect of separation from a home, family or community can be frightening. Understanding the legal process and obtaining timely advice can help a person make informed decisions at a difficult time.
Deportation, generally called removal in current immigration law, concerns the removal of a noncitizen from the United States. A lawful permanent resident can also face removal in certain circumstances. The grounds, available defenses and procedures depend on the person’s immigration history, the government’s allegations and applicable law.
Verras Law does not accept immigration matters. When clients need help in this area, we work with trusted immigration colleagues and coordinate related estate-planning concerns as appropriate. Anyone facing detention, a hearing or a removal deadline should seek immigration counsel promptly.
How Immigration Issues Come to the Government’s Attention
Issues can arise at a port of entry, during immigration enforcement, following an arrest or conviction, or when an agency reviews an application. They can involve entry without authorization, overstaying an authorized period, violations of status, fraud or particular criminal grounds. A denied application does not automatically establish that every applicant must be removed; existing status and the specific grounds require separate examination.
For that reason, obtain advice before filing a new application, traveling internationally or assuming that an old criminal case has no immigration consequences. Immigration law can treat some dispositions differently from state criminal law. Keep copies of notices, immigration documents and relevant court records so counsel can evaluate the actual history.
Hearings and Expedited Removal
Many removal cases proceed before an immigration judge, where the government’s allegations and any available relief can be addressed. Other procedures, including expedited removal or reinstatement of an earlier removal order, have different requirements and more limited review.
It is inaccurate to say that every person without entry documents is categorically ineligible for a hearing or protection screening. The statutory process, the person’s circumstances, any fear of persecution or torture, and controlling court orders matter. Visa Waiver Program entrants also have distinctive limits on contesting removal, with an exception for an asylum application. An immigration lawyer can identify which process applies and what steps must be taken within it.
Deferred Action
Deferred action is an exercise of enforcement discretion to defer removal. It is not a grant of permanent residence or an independent path to citizenship. Depending on the governing program and requirements, it can be associated with eligibility to request employment authorization; describing it as providing no legal benefits is too broad.
DACA began as an executive-branch policy in 2012 and has been affected by litigation and later government action. It should not be described as newly enacted legislation or as an indefinite guarantee against removal. Anyone considering an initial request, renewal or travel should have current program rules and court orders checked before acting.
Stays of Removal
A stay temporarily prevents execution of a removal order. Some stays arise automatically in specified circumstances, while others require a request and an affirmative decision by the agency or court with authority over the matter.
Filing papers on time does not always create an automatic stay. In particular, a motion to reopen or reconsider, or a petition for judicial review, does not universally stop removal. The precise filing, procedural posture and governing rule must be checked. A person should not assume that a pending request protects against removal without confirming the applicable stay.
Returning After Removal
There is no universal three-to-ten-year waiting period after removal. Prior-removal bars, unlawful-presence bars and other grounds of inadmissibility are different rules, with different periods and exceptions. Some consequences can be permanent. In an appropriate case, permission to reapply for admission or a separate waiver may be required; approval of one does not necessarily resolve every obstacle.
Reentering without authorization after removal can create serious additional civil and criminal consequences. Before making travel or immigration plans, have qualified counsel review the removal history, departures, entries and any available permission or waiver process. Careful advice at the outset can help a family understand its options and avoid preventable harm.
Sources: EOIR Immigration Court Practice Manual; USCIS DACA information; USCIS unlawful presence and inadmissibility; USCIS permission to reapply after removal.
Updated October 26, 2026.