Deportation, formally called removal from the United States, is the government’s process of forcing a non-citizen to leave the country. Only specific immigration judges and agencies hold the power to order removal. Understanding this process is the first critical step for anyone facing an immigration challenge.
What are the grounds for deportation?
The U.S. government starts a removal process and this begins with issuing a Notice to Appear to immigrants who commit certain violations of immigration or criminal law. These violations serve as the basis for a removal proceeding. Potential reasons include:
- Criminal convictions: Committing a serious crime, or certain crimes involving moral turpitude, makes an immigrant removable. Drug offenses and aggravated felonies frequently trigger deportation.
- Immigration violations: Overstaying a visa, working without authorization, or violating the terms of a non-immigrant status are common administrative grounds. The government strictly enforces the limits of your legal status.
- Fraud or misrepresentation: Lying to gain an immigration benefit, like a green card or visa, immediately places the immigrant at risk. The government holds this violation in high regard.
The Department of Homeland Security vigorously investigates these issues and initiates the process when they discover one of these violations.
Defenses and protections
Immigrants facing removal do have powerful legal defenses available under U.S. law. These protections allow a person to fight deportation and remain in the country.
- Asylum: Non-citizens may apply if they demonstrate an extreme fear of persecution in their native country because of certain factors: race, religion, nationality, political opinion, or membership in a particular social group.
- Cancellation of Removal: Certain long-term residents with strong family ties in the U.S. can apply if they show extraordinary and extremely unusual hardship to a qualifying relative.
- Adjustment of status: A person can ask the court to change their status to a lawful permanent resident if they qualify for a green card through a relative or an employer.
Additionally, they can explore waiver options. Waivers forgive certain past violations, such as crimes or fraud, and allow an immigrant to proceed with an application for status.
Staying in the US with legal support
Immigration law is incredibly complicated and changes constantly. The deadlines and procedural rules involved in deportation defense leave little room for error. Immigrants must secure professional representation to build the strongest possible case and effectively argue their protection before a judge so that they can increase their chances of legally staying in the United States.