Deportation refers to removing a foreigner from the US. This event usually happens when they violate immigration laws, deceive the country with their visa applications, or becomes a threat to the community. Sometimes, what seems to be missed updates can become grounds for deportation. So, having a visa is not an assurance that someone staying in the US won’t be deported out of the country. One must still be mindful of their actions during their stay.
In this article, you’ll learn why foreigners get deported, the process of deportation, and the benefits of working with an immigration attorney. If you or your loved one is on the brink of deportation, be familiar with the facts here. Avoid the possible reasons for deportations. Learn the options available to avoid getting kicked out of the country. Lastly, know the benefits of having a trusted immigration attorney beside you when facing deportation.
Reasons For Deportation From The United States
One apparent reason for an immigrant’s removal from the US is when they enter the country illegally. It could be that they entered the country without legal travel documents or stayed beyond the limit of a visa. However, persons who have temporary or permanent residency in the US can also be deported. Here are the common reasons for a deportation order.
Committing Criminal Acts
An immigrant who commits crimes violating the community’s moral values may get deported from the US. Although, it is vital to note that not all crimes lead to one’s deportation. Nevertheless, serious crimes, especially those involving violence, are a significant reason for deportation from the country.
Here are examples of crimes that lead to deportation:
- Human trafficking.
- Domestic violence.
- Money laundering.
- Drug smuggling.
- Firearm offenses.
When immigrants have legal status to stay in the US, they should avoid being involved in criminal activities because they jeopardize their ability to be in the country. Illegal activities show the justice system that the affected immigrants threaten the country’s security and peace.
Infringement Of U.S. Immigration Laws
Here are the violations of immigration law that lead to deportation:
- Documentation fraud is forging a document to enter or stay in the US illegally. Also, if a person buys a falsified passport to cross the US border, this is a firm ground for deportation.
- Lying during visa application involves giving false information to increase the chances of being allowed in the US.
- Visa overstaying is staying in the country beyond the required time, as stated in official immigration documents.
- Illegally entering the country is when a person enters the US through an unguarded entry point. It is a ground for deportation.
If a person commits the activities mentioned above, they are deemed to have violated immigration laws and are subject to deportation. As a result of such a violation, immigration authorities will refuse to grant a visa or revoke the same.
Public Support Dependent Within A Five-Year Stay
If a person solely relies on public aid such as Supplemental Nutrition Assistance Program (SNAP) benefits, they may face deportation. If one has a green card, their financial sponsor should keep the promise of offering support. If found to be relying on public support, they are likely to be deported or blocked from reentering the country after foreign travel.
Failure To Obey The Terms Of One’s Status
People entering the US via a visa must stick to the terms and conditions of their status. For example, if one is on a US student visa, they must leave the country after the termination of their studies. A person must apply for visa renewal and continue to stay in the country with permission to avoid being deported.
It is advisable to comply with the terms of one’s status to avoid issues. Understand the rights and rules that align with your Visa, so you don’t face problems.
Failure To Reveal Change Of Address
A person staying in the country legally who fails to reveal when they change their address is at risk of being deported. This is something that many people don’t mind so much, but it can be a solid ground for deportation. If you happen to change your address for any reason, you must inform the US Citizenship and Immigration Services about the change.
The address change notification must be in writing to the relevant authority. Immigrants risk being deported if they fail to disclose the required information within the stipulated time. The deadline is ten days from the actual day of moving. This requirement goes for both immigrants and nonimmigrants.
Many immigrants try to skirt the law by committing marriage fraud to acquire a Green Card. This illegal practice may lead to deportation. For marriage between a foreigner and a US citizen to be considered legitimate, they must live together after the ceremony.
The authorities will determine the authenticity of that marriage. They will ask questions, consult the couple’s friends, and visit their homes. If there is proof that the immigrant is committing marriage fraud, a deportation order will be processed. This extortion also leads to being completely barred from entering the US.
So, when an immigrant commits any of these violations, what will they go through? The following heading explains in detail the deportation process an immigrant will experience.
The Process Of Deportation
There are instances where persons who get deported don’t have to go through an immigration court hearing. In other cases, the deportation process is longer and may require persons to appear before an immigration judge. But for the standard procedure, the following are the involved steps for deportation.
- The foreign national subject to deportation is detained before trial or removal.
- An immigration court hears the case presented before it. A judge must investigate the issue to determine whether the immigrant should be deported.
- If the judge orders deportation, the deported person’s country of origin has to agree and issue travel documents to deported person. Only then can the U.S. Immigration and Customs Enforcement (ICE) execute the removal order.
- Most of the removals are implemented by air at the expense of the US government. Other types may have a mix of both air and ground travel.
Being deported from the country you’ve made your home in is devastating. You will feel lost and vulnerable. You shouldn’t face these moments alone. Talk with a reliable immigration attorney. They will ensure to fight this battle alongside you, protecting your rights.
Working With An Immigration Attorney
Being in the country illegally or infringing immigration laws in the US leads to severe consequences. They may have to go back to their country of origin. It is a painful experience for many people who have to get removed from the United States after working hard to get there.
The US immigration system can be complicated for many people. That is why you need a legal professional to help you understand the terms and conditions surrounding your visa. It will be unfortunate to get deported because you didn’t understand your status requirements. Worse still, if you get detained and choose to go through the legal process without the knowledge required, the chances of deportation are high.
Working with an immigration lawyer can help you navigate the immigration system effectively to avoid deportation. Immigration attorneys have the knowledge and experience to deal with such cases in the best way possible. They will help you avoid making mistakes that may land you into problems.
If you’re an immigrant who happens to get arrested and is facing deportation, it is prudent to work with an immigration attorney to help with the case. Legal advice from them goes a long way to help an immigrant facing deportation. Regardless of your issue’s complexity, an attorney comes in handy to provide the possible options for a defendant.
Others believe that having a green card makes them untouchable and that they won’t get deported out of the US. That’s a grave misconception. Your legal status won’t give you immunity. Since you are its citizen, you must abide by its laws. You can get deported if you get involved in criminal acts, becomes a threat to public security, or abuse your visa. But these are not the only grounds for deportation. If you fail to obey the terms of your status or inform the government of your address change, you can get deported. Also, if you depend on public support within five years of living in the US, the government will consider sending you back to your country of origin.
Nobody wants to go through the embarrassing and devastating process of deportation. This is especially true for immigrants who have been in the country for years. Therefore, you must speak with a trusted immigration attorney who focuses on this practice area of the law. Lincoln-Goldfinch Law is a firm that you can consult with for your immigration issues. They will help you obtain and maintain your legal status in the US. They will ensure to assist you throughout the complex immigration processes and help you avoid the risk of getting deported.
Read about how to appeal immigration court decisions.