Foreign nationals are often placed in removal proceedings before the Immigration Court due to their manner of entry into the United States, overstaying the time they were authorized to remain in the United States or if the Department of Homeland Security (DHS) believes that the foreign national has committed crimes of “moral turpitude,” aggravated felonies, assault, or other aggravated crimes. Removal proceedings begin with the DHS issuing and serving a document known as a “Notice to Appear” (NTA) on the foreign national subject to removal proceedings. This document is used to notify the individual to appear before an Immigration Judge to demonstrate why s/he is entitled to remain in the United States.
Both foreign nationals and lawful permanent residents (green card holders) may be subject to the issuance of an NTA and may be subject to removal/deportation. The foreign national who has received an NTA is afforded the opportunity to present applications for relief of removal/deportation before the Immigration Court if s/he qualifies, such as an adjustment of status, cancellation of removal, asylum, withholding of removal, and waivers, among others.
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