Deportation is the legal removal of an immigrant from the country for violating certain immigration laws. All non-U.S. citizens are eligible for deportation, including those with temporary visas and green card holders. Only U.S. citizens cannot be deported. Deported green card holders can plead their case before an immigration judge in court.
The Department of Homeland Security (DHS) determines what crimes are eligible for deportation and issues immigrants a Notice to Appear (NTA). NTA requires the immigrants to present themselves before an immigration judge in court. The judge determines whether the offense warrants deportation. If the offense meets the threshold for deportation, then the immigrant is removed from the country.
Common Offenses that Risk Deportation
There are numerous offenses that risk deportation from the United States. However, some offenses have become more frequent compared to others. The most common offenses that make non-citizens get deported frequently include:
Crimes Involving Moral Turpitude (CIMT)
CIMTs are not well defined under federal and state laws, so states define them as they see fit. The most common CIMT convictions have included fraud, larceny, and intent to do evil to a person. Regardless of state laws, any criminal conviction of a non-citizen warrants deportation under the US immigration laws.
Living Without Proper Documentation
Living in the U.S. without legal authorization is a violation of immigration laws. Non-citizens end up existing illegally when they overstay their visa or enter the country without passing through proper customs checkpoints. Moreover, even holders of valid visas must adhere to the specific terms and conditions associated with their stay.
Violating Immigration Status
Temporary immigration status, like being a green card holder, can be revoked when the terms of engagement are violated. Temporary visa holders are not supposed to work in the U.S. without proper authorization from immigration. Operating beyond the status of your visa justifies deportation. If you’re on a student visa, you should be studying and doing other activities in the country.
Committing Immigration Fraud
Falsifying information during your immigration application warrants immediate removal from the country. Green card holders who provide deceiving information in their applications or use fake passports and social security numbers have committed immigration fraud.
Immigration fraud also involved marrying an American solely to gain immigration benefits. Immigration is a serious offense, and perpetrators are permanently barred from entering the U.S. or obtaining legal status.
Illegal Possession of Firearms
Despite America being perceived as a country with lax firearms laws, non-citizens are not allowed to break firearms laws, especially at the federal level. That’s a direct deportation ticket. The strictness of the law varies from state to state. Mississippi and Alabama have lenient gun laws compared to California, for example.
Seeking Legal Assistance Against Deportation
The U.S. allows those who are bound to be deported to argue their case against such actions. Some programs shield non-citizens facing deportation. Individuals from regions facing race, religion, or identity persecution can qualify for asylum protection.
Non-citizens who have stayed in the U.S. for many years without any criminal record qualify for cancellation of removal. Adjustment status allows qualified immigrants to apply for green cards without the need to leave the United States first.
Conclusion
In summary, many actions can get you deported from the United States, but the common ones include:
- Crimes involving moral turpitude.
- Violating immigration status.
- Immigration fraud.
- Illegal possession or use of a firearm.
- Seeking legal advice is significant when facing a deportation lawsuit.
Given the complexity and serious implications of deportation laws, seeking legal advice is critical when facing a deportation lawsuit. A qualified defense attorney can provide guidance tailored to individual circumstances and help navigate the legal system effectively.
