Deportation is one of the worst and most common fears that haunt the migrant community. But did you know that there are several types of deportations? Today we will look at the types of deportations, the difference between expulsion and removal, and everything you need to know to defend yourself.
If the deportation process is so complex and stressful that it can overwhelm anyone. Therefore, it is important not to panic and seek help. At Urbina Immigration Law we can give you the quality legal assistance you deserve. Tell us about your case and secure your future in the place you have chosen as your home.
Table de Contents
What is deportation?
Deportation” is the process of removing (or expelling) from the United States an alien who has violated U.S. law. In this regard, the most common causes of deportation are:
- Illegal entry into the country.
- Committing certain crimes or violating the laws of the United States.
- Repeatedly violating immigration laws, that is, not complying with permits or conditions to be in the country.
- Be involved in criminal acts or pose a threat to security.
However, some crimes can be pardoned through an immigration waiver. immigration waiver. Therefore, when faced with any of these causes of deportation, it is best to seek legal assistance. At Urbina Immigration Law we can assist you. Talk to a lawyer and let’s get together the waiver you need to avoid deportation.
What are the consequences of deportation?
The consequences of deportation vary depending on the specific circumstances of each case. Some of the possible penalties include:
- Future Inadmissibility: A deported person may face significant difficulties re-entering the United States in the future. It may be considered inadmissible for a specified period of time or even permanently, depending on the circumstances of the deportation and other legal issues.
- Loss of immigration status: Deportation may result in the loss of legal immigration status and associated benefits, such as the right to work in the United States, access to public health care and other social benefits.
- Rejection of immigration applications: A deported person may face difficulties in applying for and obtaining immigrant or nonimmigrant visas in the future, as immigration authorities may consider his or her deportation history when evaluating his or her applications.
- Criminal consequences: Depending on the circumstances of the deportation, there may be additional criminal consequences, especially if the deported person faces criminal charges related to his or her immigration status or the deportation itself.
An immigration lawyer is of great help in defending against deportation. A professional can assist you at every stage of the process, from applying for a waiver to preparing you for a hearing. Don’t risk your future by dealing with the system on your own. Contact us and get the legal help you need today.
What is the difference between expulsion and deportation?
While both legal processes result in a person’s departure from the country, there is a big difference between removal and deportation. Deportation applies to people who are in the country and violate the law. Expulsion, on the other hand, applies to persons who attempt to enter the country but are deemed inadmissible at a port of entry.
Please note that some grounds of inadmissibility may be waived through an I-601 waiver. Don’t let a past mistake ruin your future in the United States. At Urbina Immigration Law we can help you. Tell us about your case and take the first step towards a second chance in your new home.
Types of deportations
In general terms, the Department of Homeland Security (DHS) distinguishes between two types of deportations:
- Removals: Refers to mandatory expulsions of aliens declared inadmissible or deportable, based on a removal order that has administrative or criminal consequences on subsequent re-entries to the country.
- Returns: Refers to the process of returning persons who have been detained or arrested for violating U.S. laws, but are not subject to formal deportation proceedings. They are usually processed faster than deportation, and may even dispense with the involvement of an immigration court. However, they can carry penalties as severe or more severe than a removal proceeding.
There are other types of deportations depending on the cause of removal/return, which we will discuss in the following sections. However, a lawyer can advise you on defenses against deportation. Don’t risk your future by dealing with the system on your own. Tell us your case and let’s defend your rights together.
Deportation for aggravated felonies
One of the most common types of deportations. These are removal proceedings for having committed “aggravated felonies,” which refer to the most serious crimes under immigration law. These include, among others:
- Homicide
- Drug trafficking
- Abduction
- Extortion
- Rape or sexual abuse
- Child pornography
- Trafficking in firearms or explosives
- Money laundering (for amounts over $10,000)
- Human trafficking and smuggling
- Fraud or deceit (over $10,000)
Deportation for violation of immigration status
These are types of deportations based on the violation of their immigration status. This occurs when a person is in the United States without legal authorization or does not respect the conditions of his or her visa (e.g., working illegally if the visa does not allow it).
However, there are some exemptions and procedures you can follow in this type of case. Therefore, when faced with a deportation order, it is important to remain calm and seek legal assistance immediately. At Urbina Immigration Law we can help you. Tell us your case today and secure your stay in the United States.
Deportation for violation of immigration law
These types of deportations are based on violations of U.S. immigration laws. Some of the criminal activities included are:
- Visa fraud
- Falsification of immigration documents
- Lying during visa or immigration interviews
Some errors without bad faith may cause immigration authorities to suspect fraud. Therefore, it is best to seek the help of an attorney to guide you through the process, avoiding these costly misunderstandings. At Urbina Immigration Law we can help you. Contact us today and get the legal help you deserve.
Deportation for illegal re-entry
These types of deportations refer to the removal process of persons who have entered the United States illegally or who have re-entered the country illegally after deportation. However, both grounds of deportation can be waived through an immigration waiver.
Therefore, it is extremely important not to face these processes on your own and to seek professional help quickly. Don’t let hardship keep you from your American dream. At Urbina Immigration Law we can give you the legal help you need. Talk to our attorneys and take the first step to defend yourself from deportation.
Administrative deportation
These types of deportations are more associated with returns. These are cases in which immigration authorities can issue deportation orders without a full judicial process. These are known as “administrative deportations” and are based on violations of immigration laws.
What is an immigration waiver?
Also known as an immigration pardon, a waiver is a pardon granted by the U.S. government. It is usually granted to immigrants who are deemed inadmissible to the country after having broken the law.
Is it necessary to pay a fee to apply for an immigration waiver?
Yes, a fee is required when applying for an immigration waiver. However, the amount varies depending on the type of waiver requested. The most common fees are:
– $930 for the I-601 waiver.
– $715 for the I-601A waiver.
– $930 for the I-212 waiver.
Normally, these fees can be paid by personal check, cashier’s check, money order, or credit card, using Form G-1450.
Is it possible to appeal a deportation order?
Yes, you can appeal a deportation order by filing Form EOIR-29 (Notice of Appeal to the Board of Removal Appeals from an Immigration Officer’s Decision) with the office that issued the decision. For more details, you can refer to our article on the deportation appeal process.
What is Form 42B and what is it for?
Form 42B is the Application for Cancellation of Removal and Adjustment of Status. As the name implies, it allows you to cancel your deportation and obtain lawful permanent residence. It can be found on the U.S. Department of Justice website.
What is voluntary departure from the United States?
Voluntary departure is an option to leave the United States of your own free will, thus avoiding deportation and its legal implications. It can be requested at the beginning of the case (before the hearing) or at the end of the hearing. However, not everyone is eligible and the consequences may vary.
Therefore, it is best to seek the advice of an immigration attorney and explore other deportation defense options. At Urbina Immigration Law we can help. Contact our professionals today and let’s defend your rights together.
Legal defense against types of deportations
As we have seen, there are several types of deportations depending on the cause of removal for which the process has been initiated. However, it is important not to lose your cool, as there are many kinds of defenses against deportation, such as voluntary departure, immigration waivers, etc.
Despite this, you should keep in mind that each process is different and has its own complexities. Therefore, it is best to seek the assistance of an immigration attorney who will be with you every step of the way. Don’t risk your future by dealing with the immigration system on your own. Contact our legal team and let’s defend your rights together.
Sources
USCIS – Application for Suspension of Deportation or Cancellation of Removal
USCIS – Notice of Appeal Before the Board of Immigration Appeals
USA.gov – Learn about how the deportation process works
Other resources
How to avoid deportation in the U.S.: the complete guide
What are the reasons to deport a person from the United States?
What to do if you have a deportation order?
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
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?
Obstacles to the immigration process: What crimes does immigration not forgive?
How to Apply for Voluntary Departure: Steps, Benefits and Requirements
Did you know that illegal re-entry into the United States has serious consequences?
Temporary Protected Status (TPS): Legal Requirements and Benefits
