The possibility of being deported is a constant concern in the lives of many immigrants. Understanding the conditions under which this can occur and knowing the measures you can take to prevent it is essential to protect your legal status in the United States. In this article, we will review some scenarios that can lead to deportation and how you can take preventive actions to avoid it.  Once a person is deported, they may lose the right to return to the United States, even as a visitor.  Conditions That Can Result in Deportation 

1. Being an inadmissible alien in accordance with the immigration laws in force at the time of entry into the United States or at the time of adjusting nonimmigrant status.
2. Being present in the United States in violation of the Immigration and Nationality Act or any other law of the United States.
3. Violating nonimmigrant status or any condition of entry to the US. For example, overstaying a visa or changing the purpose of your visit.
4. Terminate the period of conditional permanent residence without removing those conditions.
5. Encouraging or helping any other alien to enter the United States illegally.
6. Marrying someone just to get your green card in the United States.
7. Being accused of certain criminal violations such as violent or drug-related crimes.
8. Not being registered or having falsified documents related to entry into the United States.
9. Participating in any activity that endangers public safety or creates a national security risk.
10. Registering to vote or voting in elections without being a US citizen.

How does a deportation process happen?  First, the person receives a Notice to Appear (NTA) in which USCIS explains the charges that will be brought against them before a judge.   Then a hearing is scheduled where the immigration judge asks if the alien is ready to proceed with the case, or if they need time to secure an attorney. In case they need time to get a lawyer, the hearing is rescheduled for a later date.  The judge will ask the alien to present evidence disputing the contents of the notice to appear.  If the judge determines that the information in the notice to appear is correct and that the alien is removable, the alien is granted the opportunity to apply for any form of relief from removal. If the alien is eligible for a form of relief and decides to apply for it, an individual hearing will be scheduled. If the alien is not eligible, removal will be initiated and a removal order will be issued.  At the hearing, the foreign national will have the opportunity to give testimony and have witnesses testify in their favor.  If deportation is ordered, the immigrant will have 30 days from the date of the decision to appeal the decision with the Board of Immigration Appeals (BIA).  If the BIA decides against the alien, the latter has the option to appeal to the appropriate United States Court of Appeals. The immigration service has the opportunity to appeal an unfavorable individual hearing decision, however, it may not appeal an unfavorable BIA decision.  How to avoid deportation? 

•     Apply for political asylum. 
•     Deportation waivers. 
•     Cancellation of removal for nonpermanent residents 
•     Humanitarian reasons. 
• Marrying a U.S. citizen or permanent resident beforehand legitimate  
•     Lostgrounds of inadmissibility I-601. 
•     Violence Against Women Act 
•     T Visa  
•     U Visa 
•     Voluntary departure. 

Deportation is a serious issue that can profoundly affect the life of an individual and their loved ones. Staying informed and taking proper precautions is essential to avoid facing this situation. Always seek legal advice when facing immigration challenges and work closely with an immigration lawyer to protect your rights and remain in the country legally and safely. At Eagan Immigration, we specialize in difficult cases. 

Call us at 202-709-6439 o click here for a consultation directly with attorney Lauren Eagan.

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