Deportation
Generally deportation
is removal of an alien from the United States when the alien
has been found removable for violating the immigration laws.
Deportation is ordered by an immigration judge without any punishment
being imposed or contemplated. Prior to April 1997 deportation
and exclusion were separate removal procedures. The Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
consolidated these procedures. After April 1, 1997 , aliens
in and admitted to the United States may be subject to removal
based on deportability. Now called Removal, this function is
managed by U.S. Immigration and Customs Enforcement.
Deportation of immigrants
and other individuals may result as a consequence for entering
the United States illegally. You can also be deported if you
are not a citizen and have committed a serious crime.
Exclusion vs.
Deportation
Exclusion may apply when the foreign
individual is seeking entry into the United States . Thus, when
you are attempting to get a green card, a visa or just cross
the border, you can be excluded/prevented from doing so. If
the United States government has determined that you should
be excluded, you cannot attempt to re-enter the U.S. for at
least one year. It is a felony offense if you do re-enter before
the end of that year. You must also gain permission from the
CIS before re-entering.
A person who is already in the United States is potentially
subject to removal or deportation .
Even if you have a valid visa or green card, you can be deported.
If you have been deported, you cannot gain re-entry into the
United States for at least five years. It is a felony if you
re-enter before the end of the five years. You must also receive
permission from the CIS before you re-enter.
Reasons for Deportation or Exclusion
Because staying in the United States is a privilege and not
a right for non-citizens, the United States government can force
an individual to return to his or her home country for a number
of reasons, such as:
- Committing fraud or misrepresenting a material fact in order
to get a visa, green card, etc.
- Conviction of a drug offense (except for possession of a
very small amount of marijuana).
- Conviction of other crime.
Stopping Removal /
Deportation
If you have been served with a notice to appear in deportation
proceedings, you still may be able to stay in the United States
. There are several different ways you can seek relief from
deportation. Some methods for relief from deportation include:
- Suspend deportation – A deportable alien
must fulfill the following criteria to suspend deportation:
- The alien must be continuously and physically present
in the United States for at least seven years
- The alien must be of good moral character
- Religion
- The alien must show that if deported, this would cause
extreme hardship on the alien or the family
- Asylum – Asylum may be granted to individuals
who have been persecuted or who fear future persecution in
the home country because of:
- Race
- Nationality
- Religion
- Political belief or opinion
- Membership in a certain social group
- Withholding of deportation – Withholding
of deportation can occur for reasons similar to granting asylum.
Unlike individuals granted asylum, however, an individual
granted a withholding of deportation cannot apply for permanent
residence and can be deported to a different country than
the home country.
- Voluntary departure – Voluntary departure
is usually granted by an immigration judge after an order
of deportation for an individual who seeks to leave voluntarily
in lieu of forced deportation.
- Other methods – Check with your immigration
attorney to discuss the possible methods appropriate for your
situation.
Seek an experienced
Immigration Attorney
An immigration attorney will be able to advise you of all the
possible methods to legally avoid deportation. An immigration
attorney can also help you with all the detailed procedures
of the deportation hearing.
