Deportation from the US: What causes it and how to avoid ItJanet Rangi
Any person who is a non-citizen in the United States can be legally removed or deported from the country. This includes those who have a permanent resident alien status or a visa but are not U.S. citizens at the time of deportation. Avoiding deportation is not complicated provided that all the United States laws are followed and the individual meets all criterion of his work or study visa while in the United States.
When a person fails to adhere to these requirements, their name is placed on a deportation list. When one is on the deportation list they are eligible for removal from the United States, there are a number of processes that need to be followed before the actual physical removal is done. The following are possible causes of deportation from the United States.
Overstaying a Visa
Overstaying on a visa, usually a study visa or a work visa, will result in deportation. Each visa has an expiry date and the visa holder is required to either apply for an extension of the visa or leave the country by that date indicated in the visa. Individuals that fail to complete either of these options will be deported should they be found within the United States after the visa has expired. Typically, removal from the country under these conditions will also result in denial of the chance to return to the United States at any later date or time. This includes being prevented from obtaining any further work or study visas. Individuals who marry a U.S. citizen or permanent resident alien, but fail to apply for their own change in status from a visa holder to a permanent resident alien or citizen, will also face deportation regardless of their marital status.
Illegal entry into the United States is a crime, and will result in deportation. The term illegal entry can include providing incorrect information about the reason for your visit to the country. It could also be gaining entry into the United States through an illegal entry point or non official entry points. In addition, a permanent resident who has stayed out of the United States for a long period of time may also be considered to have entered illegally if he cannot prove that he or she had the intent to return prior to leaving. This may include retaining a residence or applying for an extended stay outside of the country prior to leaving the United States.
Individuals who are in the process of applying for citizenship or permanent resident status are required to obtain permission and documentation to leave the U.S. should they be in the country at the time of the application. Failure to do so and returning to the United States can result in deportation.
Failure to Pass a Background Check
Once in the United States, a foreign citizen can apply for a visa, permanent resident status or U.S. citizenship. In all these applications, a thorough background check is completed on the individual to ensure that he has no serious or significant criminal history in his country of residence or any other country in which he had lived. Failing to provide accurate information on the application about any types of listed criminal charges can also result in deportation. Falsifying information of any type on the application is considered a crime of its own and will result in deportation if the omission or misinformation was intentional.
Committing a Serious Crime in the United States
At any time, a non-citizen in the United States can be deported if found guilty of a serious crime. These crimes are considered to be felony offenses and can include:
Sexual abuse of a child
Burglary or theft
Trafficking in explosives, firearms or humans
Trafficking in drugs or other controlled substances
Hiding or abetting family members or others to illegally enter or remain in the United States
Gambling offenses that are subject to sentencing of one or more years
Disclosure of classified information or gathering national defense information
Failure to appear in court
Obstruction of justice
Terrorism or terroristic threats
Other crimes may also fall under the heading of aggravated felony offenses. These will result in automatic deportation from the United States if you are proven guilty of the charge or charges. In general, most crimes that are considered violent and are punishable for a year or more in prison will result in deportation.
What Happens If You’re Added to a List?
If your name is on the deportation list, you will be served with a “Notice to Appear.” The hearing will be completed by an immigration judge and you should make every effort to have an immigration attorney representing you at the hearing. The immigration judge will hear the facts of the case including charges against you or the reason you are being considered for deportation. The judge will also consider the option of relief from removal, which is the option to remain in the United States based on the specific factors presented during the hearing.
For some individuals, the judge may allow Voluntary Departure which allows the foreign citizen to leave the United States on his own without a deportation on his record. The judge can also cancel the removal, which allows the individual to stay within the United States. This option is possible if the reason for deportation is not a violent crime or serious felony charge and the individual has been in the United States for at least 10 years on a continual basis (with a good work history). In addition, his record should be clear of any other types of immigration violations or criminal offenses. For people being deported to countries where the return could be life threatening, asylum, adjustment of status, or cancellation of removal can all be ordered by the judge in lieu of deportation.
What’s most important in preventing deportation is understanding the steps that lead to deportation and how to avoid them. That means accepting that you cannot prevent deportation on your own, and using outside help is key. There are different steps and maneuvers that work best in avoiding deportation. In the end, the goal is understood by those trying to help. You want to stay in the United States of America, and we want you to be able to do so as well. Here are some guidelines to help you do so.
Ways to Prevent Deportation;
Apply for Asylum:
To start this process one needs to hire a Deportation Defense Attorney. Hiring a Deportation Defense Attorney will give you the maximum legal assistance in this legal matter. Deportation Defense Attorneys are well versed in the ins and outs of Deportation laws, so they will be able to find little details you missed. Additionally, they are trained and studied in keeping you where you want to be.
One step your Deportation Defense Attorney and you can take to keep you where you want to be is applying for asylum. There are Asylum Attorneys that act specifically to help you use this means of staying in the country. Applying for asylum means that you are considered a refugee from your home nation, and the United States is keeping you safe. While the United States is cracking down on the number of refugees they accept, with the right help, your application for asylum will go through.
Hire A Deportation Lawyer and Work Out the Best Fit
Rather than going into the process with a specific idea in mind, another approach is hiring a Deportation Lawyer and letting them run the show. You may believe that you understand the best angle to keep you in the country, but odds are you have not studied all of the laws. Deportation Lawyers have studied the laws for their entire professional careers, so they know the best policies for each case. You must not worry about your case being lumped together with other cases. Without the process being individualized Deportation Lawyers are not doing their jobs.
Once you find the right Deportation Lawyer, they will walk you through the steps. That means looking through every legal option, and determining which one fits you best. In the long run, you will have the smoothest process possible, and they will do everything possible to keep you where you want to be. This method to prevent deportation works best, as it covers all of the different options.
Once you hire a Deportation Lawyer, there is a good chance they will take you through Cancellation of Removal.
Cancellation of Removal
There is a process that allows you to fight against being removed from the country. Cancellation of Removal helps to keep you in the country through legal proceedings. For this process to work, you will need the best Deportation Defense Attorney possible. However, if you have the best Deportation Defense Attorney, there is a good chance you can fight for your rights. What must be understood when you are facing deportation is that you still have rights. If you are being deported for no reason, you have a legal case. Rather than allowing yourself to be deported for no reason, it’s wise to fight back.
Using the law as a weapon is always the strongest method in fighting back. The law is black and white, and judges respect what it says. If your Deportation Defense Attorney can find minute details missed by the prosecuting team, you can be set free. Additionally, if you are being removed for unnecessary or unknown reasons, they can be called out on a legal stage.
Cancellation of Removal is an excellent process because it helps give those that are being removed voices. Rather than being quieted by the process and being kicked out without a say, options are given.
There are various examples that can be used in court to defend your right to stay in the United States of America. For example, if you have been a lawful resident for at least five years, that can be a key argument. Additionally, if you have never been convicted of a crime, it helps your case. One more is personal circumstances, as in the long run, it is people that will be hearing your case. In the end, you have more options than you’d believe to prevent deportation.