The fear of deportation is a specter that worries a large part of the migrant community. We have already talked about how to avoid removal. But what are the reasons for deporting a person? What are the deportable offenses? Together with the attorneys at Urbina Immigration Law we will answer these questions.
Don’t face this tough situation on your own. Urbina Immigration Law ‘s experienced team of attorneys can help you stay in the country you have chosen as your home through the cancellation of removal process. Remember that you are not alone.
Table of Contents
What is a deportation proceeding?
Deportation is the legal process to repatriate an alien who has violated the laws of the United States. It begins with a notice from USCIS, followed by a hearing before an immigration judge, during which you can present a defense to deportation with the help of a specialized attorney.
What are the reasons to deport a person?
As mentioned above, in general terms, the causes of deportation have to do with noncompliance or violation of the laws of the United States. However, the reasons to deport a person are many, so we will explore some of the most common ones.
Inadmissibility at the time of entry into the U.S.
An illegal entry to the country is one of the reasons to deport a person, either by evading the legal ports of entry, by falsification of documents, or by prior inadmissibility, such as having a felony conviction.
Violation of your visa conditions
One of the reasons to deport a person is a direct violation of the conditions of his or her visa. Remember that each visa lasts for a certain period of time and that, once this period has passed, you will have to renew it, adjust your status, or return to your country of origin, depending on the merits of your case.
On the other hand, each visa has its own benefits and violating them can also be cause for deportation. For example, working on a fiancé visa is illegal, as it does not grant the necessary permission. Therefore, it is essential to consult with an attorney about each visa and choose one that fits your wants and needs.
Criminal offenses
Certain criminal acts may also constitute grounds for deportation from the United States. Even if the immigrant has legal status, if he or she commits a serious crime such as murder, forgery, fraud, rape, drug or arms trafficking, he or she may be sentenced to prison or deported.
Keep in mind that some of these crimes may be forgiven by immigration, while others may be an obstacle in your immigration process. For this reason, it is extremely important to understand which crimes migration does not forgive and seek the help of an attorney to choose the best course of legal action for your case.
What are the deportable offenses?
If there are multiple grounds for deporting a person from the United States, certain crimes may be grounds for direct removal from the country. Some of them are:
- Illegal entry or re-entry: illegally crossing the U.S. border, that is, entering the country without authorization and/or without going through the official ports of entry, is one of the reasons to deport a person, according to ICE.
- Crimes of a “moral character”: The immigration laws do not clearly define what this term refers to, although it is considered that there must be dishonesty or theft. Some examples of these types of crimes are domestic violence, sexual abuse, attempted robbery or homicide, or driving under the influence of substances.
- Drug-related crimes: Crimes such as drug trafficking or the sale of prohibited substances are also one of the reasons for deportation.
- Human smuggling or trafficking: Aiding, encouraging, or participating in the smuggling of persons into the United States may result in detention or deportation.
- Trespassing: Committing an illegal trespass on private property is also one of the grounds for deportation from the United States.
- Marriage of convenience: Obtaining a Green Card through a fraudulent marriage leads to loss of residency and deportation.
Don’t let a past mistake prevent you from living a better future. At Urbina Immigration Law we have an experienced team of attorneys who can help you obtain an immigration waiver. immigration waiver you need to make your American dream a reality. Tell us your case today and take the first step towards your new life in the United States.
Priority Ranks for Deportation
There are three priority ranges for deportation, which obviously constitute reasons to deport a person from the United States. These are:
- Threat to national security: Any noncitizen who engages in or is suspected of terrorism or espionage or poses a danger to national security is a priority for apprehension and/or deportation.
- Threat to public safety: Any non-citizen who poses a threat to public safety due to serious criminal conduct (such as homicide).
- Border Security Threat: Any noncitizen who is apprehended at the border or port of entry while attempting to illegally enter the United States, or apprehended in the country after illegally entering after November 1, 2020.
However, each case is carefully studied by the authorities to determine whether or not an immigrant falls into one of these categories. Therefore, it is extremely important to seek legal assistance and determine the best course of legal action in your case.
Can I be deported for being undocumented?
No, the United States can no longer deport persons for being undocumented under Department of Homeland Security (DHS) regulations enacted in 2021. It establishes that immigration officers cannot detain and deport people from the country just because they are undocumented.
What happens when a person is detained and deported?
When a person is detained and deported, a process is first carried out in the Immigration Court of the U.S. Department of Justice. If the judge decides to deport, U.S. Immigration and Customs Enforcement (ICE) executes the order. Prior to removal from the country, you may opt for voluntary departure.
Can a deportation order be appealed?
Yes, you can appeal a deportation order by using Form EOIR-29 (Notice of Appeal to the Board of Removal Appeals from an Immigration Officer’s Decision), which must be filed with the office that made the decision on the petition. For more information, you can read our article about the deportation appeal process.
What happens when a person is deported?
When someone is deported, removal is generally carried out by air, with the U.S. Government being responsible for the costs involved. However, in some cases, aliens who have committed non-violent crimes may qualify for the Rapid REPAT program, which allows them to be released from prison for the purpose of voluntarily returning to their home country.
Can I be readmitted to the United States after being deported?
Yes, in some cases deported immigrants may be readmitted to the United States. To do so, you must apply for an immigration waiver through the following form Form I-212 (Application for Permission to Reapply for Reentry into the United States After Removal or Deportation).
Deportation defense with a professional attorney
Deportation is one of the greatest fears of any migrant and, as we have seen, there are many reasons to deport a person in the United States. However, all is not lost, as it is possible to appeal and even cancel a deportation order.
Let us help you achieve your American dream. With our experience and dedication we can protect your rights and help you achieve the life you want in the country you have chosen as your home. Take the first step to fight for your rights. Contact our offices today and let’s work together to build a better tomorrow.
Sources
USA.gov – How the deportation process works.
USCIS – Application for Suspension of Deportation or Cancellation of Removal.
USCIS – Notice of Appeal to the Board of Immigration Appeals.
Other resources you may be interested in
How to avoid deportation in the U.S.: the complete guide
What to do if you have a deportation order?
How long does it take to resolve a deportation appeal in the United States?
What is a Migratory Waiver and how should I apply for it?
What is an I601 Waiver and what is it for?
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
Obstacles to the immigration process: What crimes does immigration not forgive?
Did you know that illegal re-entry into the United States has serious consequences?
U Visa Benefits: Which crimes are pardonable and which are not
How to recognize and prevent scams in immigration procedures
