By: Richard Hanus, Esq.
Published August 2, 2021
In 2018, over 300,000 immigrants were deported from the United States. While the U.S. houses millions of immigrants, there are plenty of ways the government can deem your status illegal and seek to send you back to your home country.
Understanding grounds for deportation is crucial to gaining insight into ways a foreign national, non-U.S. citizent’s future in the U.S. might be vulnerable, and in ways one would never think of . But what are those grounds? What are the typical reasons for deportation?
That’s what we’re here to look at today. Read on to find out more about the grounds for deportation.
What is Deportation?
Let’s first get an understanding of what deportation is.
Deportation is when a foreign national is sent back to their home country out of the U.S. The reasons why this happens will be covered in future segments, but first, it’s crucial to understand what happens during the deportation process.
First, often, but not always, foreign nationals are taken in and held at detention centers before being put on trial for deportation. Then, an Immigration Court of the U.S. Department of Justice will hear the case.
If the judge enters an order of deportation – also known these days as an order of removal, and the receiving country accepts the person in question and provides travel documents, the immigrant is then removed from the U.S., usually by air.
Individuals who are in danger of deportation should contact a lawyer immediately. Hiring an immigration lawyer lets you build a strong deportation defense. They can also help you along with the green card or citizenship process.
Grounds for Deportation
So why are people deported in the first place? What violations of the law, or crimes, constitute removal from the U.S.?
Let’s take a look at some of the most prominent reasons here:
Visa Violation
Many people are removed from the U.S. because they violate the terms of their visa. For instance, temporary visitors have a list of activities they can or cannot do while they’re in the U.S., including getting a job.
Violating these terms means you’ve failed to maintain your visa status, and thus can face the possibility of being placed in removal proceedings and getting deported.
Criminal Activity
Certain crimes result in the possibility of being placed in removal proceedings and then being deported. While not every crime falls in that category, it’s crucial to distinguish between them.
Severe crimes like domestic violence, fraud, drug or firearm trafficking, or murder are grounds for removal and are the most challenging when it comes to setting forth a successful defense. The law defines deportation classifications, and immigration authorities -U.S. Department of Homeland Security – typically take the first step in identifying foreign nationals removable for such offenses and places them in deportation proceedings.
Changes in Status
Efforts at changing immigration status can often get complicated and failed efforts can sometimes lead to foreign nationals being placed in removal proceedings and face the possibility of being deported.
Public Assistance
Certain programs and services are available to non-citizen foreign nationals present in the U.S. – whether here on temporary visas or as permanent residents. Others are not, and availing of such designated forbidden programs can lead the foreign national facing negative consequences, whether it be the denial of their green card application or even deportation from the U.S.
Understanding Grounds for Deportation
Immigration laws can feel full of trapdoors that end up in deportation cases. Use this guide to know what the grounds for deportation are and be proactive in avoiding these consequences.
Looking for reliable immigration lawyers? Contact us today, and we’ll work with you on the right solution.
PUBLISHED August 2, 2021– “IMMIGRATION LAW FORUM” Copyright © 2021, By Law Offices of Richard Hanus, Chicago, Illinois