Deportation Defense

What is Deportation?

Deportation, also known as removal, is the formal process by which immigration authorities expel an individual from the United States for violating immigration laws. This legal action is taken to enforce compliance with U.S. immigration regulations. Understanding your rights and options in such cases is crucial, and seeking the help of an experienced deportation attorney can be vital.

Grounds for Deportation

The U.S. government may initiate deportation proceedings against non-citizens for several reasons, including:

Participation in Criminal Activities: Engaging in criminal acts can lead to deportation, particularly if the crime is considered serious or threatens public safety.
Threat to Public Safety: Individuals deemed a threat to public safety may face deportation to protect the community.
Visa Violations: Overstaying or violating the terms of your visa can trigger removal proceedings.

The U.S. Immigration and Customs Enforcement (ICE) agency is responsible for carrying out deportation actions. Within ICE, two key divisions are involved: Homeland Security Investigations (HSI) and Enforcement and Removal Operations (ERO). ERO is directly responsible for enforcing immigration laws and physically removing individuals from the United States.

Common Grounds for Deportation under the Immigration and Nationality Act (INA)

Deportation can be based on various grounds as outlined in the Immigration and Nationality Act (INA). Some of the most common reasons include:

Inadmissibility at the Time of Entry: If you were not eligible for entry into the U.S. when you arrived, you might be subject to deportation.
Violations of U.S. Laws: This includes criminal convictions, visa revocations, or failing to adhere to the conditions of your non-immigrant status.
Termination of Permanent Residence: If your lawful permanent resident (LPR) status, such as a Green Card, has been revoked, you could face removal.
Involvement in Smuggling: Assisting in or engaging in human smuggling activities is grounds for deportation.
Marriage Fraud: Entering into a fraudulent marriage to obtain LPR status is a serious offense that can lead to removal.
Criminal Offenses: Committing crimes like aggravated felonies, document fraud, or failing to register as a sex offender are all deportable offenses.
Failure to Report Changes: Not notifying the authorities of a change in address or other required documentation updates can also result in deportation.
National Security Threat: Involvement in terrorist activities or actions that threaten national security can lead to removal.
Illegal Voter Registration: Attempting to unlawfully register to vote is another violation that may result in deportation.

Summary of Main Deportation Categories

Deportation can typically be categorized into five main reasons:

Violation of immigration laws.
Engagement in criminal activities.
Marriage fraud.
Failure to notify authorities of an address change.
Violation of the terms of your immigration status.

While these reasons can seem daunting, many are avoidable with proper knowledge and adherence to U.S. immigration laws. By fulfilling the conditions of your status and conducting yourself responsibly, the risk of deportation can be minimized. Consulting with a deportation attorney is essential to ensure you understand and comply with all legal requirements, helping you protect your right to remain in the United States.

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