How can I avoid being deported?
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 steps you can take to avoid it is essential to protecting your legal status in the United States. In this article we will go over 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 May Result in Deportation
1. Be an inadmissible alien under the immigration laws in effect at the time of entry into the United States or at the time of adjustment of nonimmigrant status.
2. Being present in the United States in violation of the Nationality and Immigration Act or any other law of the United States.
3. Violating nonimmigrant status or any condition of entry into the U.S. For example, exceeding the duration of a visa or changing the purpose of your visit.
4. Terminate the period of conditional permanent residence without eliminating such conditions.
5. Encourage or assist any other alien to enter the United States illegally.
6. Marry someone just to get your papers in the United States.
7. Being charged with certain criminal violations such as violent or drug-related offenses.
8. Not be registered or have forged documents related to entry into the United States.
9. Engage in any activity that endangers public safety or creates a national security risk.
10. Register to vote or vote in elections without being a U.S. citizen.
How does deportation proceedings occur?
The person first receives a Notice to Appear (NTA) in which USCIS explains the charges that will be filed against them before a judge.
A hearing is then set up where the immigration judge asks if the alien is ready to proceed with the case, or if he needs time to secure an attorney. In case you need time to get an attorney, the hearing is rescheduled for a later date.
The judge will ask the alien to present evidence that disputes 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 can be deported, the alien is granted the opportunity to apply for any form of relief from removal. If the alien is eligible for a form of waiver and decides to apply, an individual hearing will be scheduled. If the alien is not eligible, deportation will be initiated and a deportation order will be issued.
At the hearing, the alien will have the opportunity to give testimony and have witnesses testify on his behalf.
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 alien has the option of appealing to the appropriate U.S. court of appeals. The immigration service has the opportunity to appeal the unfavorable decision of an individual hearing, however, it may not appeal an unfavorable decision of the BIA.
How to avoid deportation?
- Apply for political asylum.
- Deportation waivers.
- Cancellation of Removal for Non-Permanent Residents
- Humanitarian reasons.
- Marrying a U.S. citizen or permanent resident before legitimately
- Inadmissibility Waiver
- Visa T
- Visa U
- Voluntary departure.
Deportation is a serious issue that can profoundly affect the lives of an individual and their loved ones. Staying informed and taking proper precautions is critical to avoid facing this situation. Always seek legal advice when facing immigration challenges and work closely with an immigration attorney to protect your rights and remain in the country legally and safely. At Eagan Immigration we specialize in difficult cases. Call us today to schedule a consultation at (202) 709-6439.