What Is Deportation?
Deportation in the United States is undertaken in accordance with U.S. immigration law. According to the law, deportation refers to the removal of a foreigner from the U.S. The act of removing a foreign national from the country happens as a result of violating immigration law.
Reasons For Deportation From The United States
There are reasons that force U.S immigration authorities to deport foreign nationals. One obvious reason for an immigrant’s removal from the U.S is being in the country illegally. It could be that one 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 U.S can also be deported. Here are the common reasons for a deportation order.
Commission Of Criminal Acts
An immigrant who commits criminal acts risks being deported from the U.S. Crimes that violate the moral values of the community can lead to an immigrant being deported from the country. When foreign nationals commit crimes with evil intentions, they increase their risk of being removed from the U.S.
If a person commits a crime of moral turpitude within the first 5 years of being in the U.S can lead to deportation. Also, committing multiple crimes of moral turpitude, regardless of how long one has been in the country, increases the possibility of deportation.
It is important to take note that not all crimes lead to one’s deportation. Nevertheless, serious crimes, especially those involving violence are a major reason for deportation from the U.S. Here are examples of crimes that lead to deportation:
- Human trafficking
- Domestic violence
- Money laundering
- Drug smuggling
- Firearm offenses
When immigrants have a legal status of staying in the U.S, they should avoid being involved in criminal activities because they jeopardize their ability to be in the country. Criminal activities show the justice system that the affected immigrants are a threat to the security and peace of the country.
Infringement Of U.S Immigration Laws
Here are the violations of immigration law that lead to deportation:
- Documentation fraud– This is the forging of a document for the purpose of entering or staying in the U.S illegally. Also, if a person buys a falsified passport in order to cross the U.S border, this is a strong ground for deportation.
- Lying during visa application – This involves giving false information during visa application to increase chances of being allowed in the U.S.
- Visa overstaying – This is staying in the U.S beyond the required time as stated in official immigration documents.
- Entering the country illegally – If a person enters the U.S through an unguarded point of entry, it is a ground for deportation.
If a person commits the above-mentioned activities, 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.
Depending On Public Support Within 5 Years Of Being In The U.S
One of the requirements of receiving a Green Card to enter the U.S is that one should not depend on the public for assistance. Therefore, if a person comes to benefit from public assistance such as SNAP benefits, they may face deportation. If one has a green card, their financial sponsor should keep the promise of offering support. If you’re found to be relying on public support, you’re likely to be deported or blocked from reentering the country after foreign travel.
Failure to Obey the Terms of One’s Status
The people who enter the U.S on a Visa have to stick to the terms and conditions of their status. For example, if one is in the U.S on a student visa, it is expected that they leave the country after the termination of their studies. If a person fails to apply for visa renewal and continues to stay in the country without permission, they end up being deported.
To avoid running into issues it is advisable to comply with the terms of one’s status. Understand the rights and rules that align with your Visa so that you don’t end up facing 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, it is expected that you inform the US Citizenship and Immigration Services about the change.
The notification of the change of address has to be in writing to the relevant authority. If one fails to disclose the required information within the stipulated amount of time, they risk being deported. The deadline is ten days from the actual day of moving. This requirement goes for both immigrants and nonimmigrants.
Marriage fraud is another reason for deportation from the United States. Many immigrants try to skirt the law by committing marriage fraud just to acquire a Green Card. This is an illegal practice that leads to deportation.
For marriage between a foreigner and a citizen to be considered legitimate in the U.S, the couple must live together after the ceremony. The authorities have to determine the authenticity of the marriage.
For purposes of authenticating the relationship between the spouses, the authorities ask questions, consult their friends, and visit their homes. If there is proof that the immigrant is committing marriage fraud, a deportation order is processed. This also leads to being completely barred from entering the U.S. in the future.
The Process Of Deportation
The U.S deports immigrants who get involved in criminal acts, are a threat to public security, or abuse their visas.
Foreign nationals who enter the U.S without proper and valid documentation are deported quickly. In this instance, the persons to be deported don’t have to go through an immigration court hearing. There are other cases where the deportation process is longer and may require persons to appear before an immigration judge.
This is the standard process involved for deportation.
- The foreign national subject to deportation is held in detention before trial or removal.
- An immigration court hears the case presented before it. A judge has to look into the case to determine whether the immigrant should be deported or not.
- 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 U.S government. There are other removals that may have a mix of both air and ground travel.
Working With An Immigration Attorney
Being in the country illegally or infringing immigration laws in the U.S leads to serious consequences. Deportation is one of those repercussions. Once a person gets deported, they 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 U.S immigration system can be complicated for many people. That is why you need an expert to help you understand the terms and conditions surrounding your Visa. It will be unfortunate for you to get deported because you didn’t understand the conditions of your status. Worse still, if you get detained and choose to go through the legal process without the expertise and knowledge required, the chances of deportation are high.
Working with an immigration lawyer can help you navigate through the immigration system effectively to avoid deportation. Immigration attorneys have the knowledge and experience of dealing with such cases in the best way possible. With an immigration lawyer, you’ll avoid making mistakes that can land you into problems. If an immigrant happens to get arrested and is facing deportation, it is prudent to work with an immigration attorney to help with the case. The legal advice from a lawyer goes a long way to help an immigrant facing deportation. Regardless of how complex a case is, an attorney comes in handy to provide the possible options for a defendant.