1. Once you have a Green Card you cannot get deported. This is not true. A green card only gives you a right of permanent residence in the USA. The government can take away your green card if you are convicted of certain crimes and fraud, or long absences from United States.

2. A green card through marriage is easy. Wrong! A marriage petition and the accompanying adjustment of status to permanent residence process is very tricky and takes a lot of preparation.

3. It’s never too late to file for Asylum. Although immigration law does allow for late filing of asylum applications in rare cases with exceptional circumstances, an alien must file for Asylum within 1 entry of her entry into United States. Applications for Asylum filed after 1 year are very difficult to win, but possible with the right immigration attorney.

4. You can get handcuffed and deported when you go to attend your hearing at Immigration Court. Depends what state you live in. In New York and New Jersey, an alien appearing for a court hearing in Immigration Court will not get arrested and detained by Immigration Customs Enforcement (ICE) during proceedings. Aliens have a right to a full legal proceeding before anyone can declare them deported.

5. There is no bail for Immigration jail. Both Immigration Customs Enforcement (ICE) and the Immigration Judge can determine to set bond on a detained (arrested) alien and the amount of said bond. Bond may be set as low as $1,000 or go as high as $25,000. There are cases where aliens may be granted release on \”own recognizance\” — without any bond.

6. Immigration Arrestees have a right to be represented by an attorney. U.S. law does not recognize a constitutional right for aliens to be represented by an attorney in immigration court proceedings. This constitutional right is only reserved for criminal proceedings and deportation proceedings are not criminal in nature because immigration law generally is civil law.

7. Children over 21 can never receive status through their parents. With proper application of the Child Status Protection Act (CSPA). CSPA amended the Immigration Nationality Act (INA) by changing who qualifies as a child for purposes of immigrant. In many cases, a young person may be saved by CSPA from aging out and losing their ‘child’ status in family petitions.

8. If an alien was ordered deported, there is no second chance. A knowledgeable immigration attorney can often find ways to reopen immigration court proceedings or appeal a final order of removal/deportation. There can be a second chance based on new facts, mistakes of prior lawyers, or the court’s mistakes.

9. Deferred Action for Childhood Arrivals (DACA) will get you a green card. In June 15, 2012, Department of Homeland Security began to accept applications for deferred action (stayed deportation) for certain young people brought into U.S. under the age of 16 who have continuously resided in U.S. for 5 years, are still under 31 years old, and are currently in school, graduated high school, received GED or served and honorably discharged from the Coast Guard or Armed Forces of the U.S., and have not been convicted of certain crimes. DACA only allows these young people to obtain an Employment Authorization and a Social Security number, but does not allow them to adjust status and receive a green card.

10. Once illegal, always illegal. Not true. There are always options for relief and defense from removal/deportation. A knowledgeable immigration lawyer can carefully review the alien’s history in United States and often find ways to legalize the alien’s status, apply for a green card, and even – in some instances – find that the alien has U.S. citizenship by operation of law.

Marina Shepelsky, ESQ is leading Brooklyn immigration lawyer. Her website is offering immigration advice and deportation related information.

Marina Shepelsky, ESQ is leading Brooklyn immigration lawyer. Her website http://www.e-us-visa.com/ is offering immigration advice and deportation related information.

Author Bio: Marina Shepelsky, ESQ is leading Brooklyn immigration lawyer. Her website is offering immigration advice and deportation related information.

Category: Legal
Keywords: immigration, how to immigration, deportation