Understanding Deportation: Key Reasons for Removal from the U.S.

Removal refers to deporting a noncitizen out of the U.S. and back to his or her home country. This action is taken for violating certain rules and laws that allow you to remain in the U.S.  Both lawful permanent residents (green card holders) and those here illegally can be deported. 

Common Grounds for Deportation: What You Need to Know

• Criminal convictions. These include aggravated felonies, drug crimes, crimes of “moral turpitude,” firearms offenses, and domestic violence crimes. 
• Violations of visa requirements. These can include overstaying the term of your visa or violating other conditions.
• Marriage fraud. This involves a marriage of convenience in order to get a green card instead of creating a real marital relationship. 
• Other types of fraud. This can include gaining any government benefit by forging or altering documents or engaging in other types of fraud.
• Drug abuse. 
• Illegal entry. This includes being inadmissible in the first place, not having permission to enter, failing to maintain one’s status after being admitted, failing to comply with terms of admission, or gaining admission through fraudulent means.
• Smuggling or trafficking others into the U.S.

What Is The Difference Between Deportation and Removal?

Deportation and removal are two terms for the same thing. Deportation is an older term for removal proceedings. The current removal process was established by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and replaced the older deportation and inadmissibility processes.

How Can I Fight a Removal Order?

Individuals who are here illegally may have little that can be done to avoid deportation unless they can prove certain matters to the court. These include having at least 10 years of residency, good moral character, and extreme hardship for their family if deported. 

Green card holders and others with valid visas, such as student or fiancé(e) visas, have the right to fight deportation through certain applications followed by hearings before an immigration judge. If their case fails, they have the further right to make an appeal to the Board of Immigration Appeals. 

Fighting deportation can be done through applying for a cancellation of removal or waivers, applying for an adjustment of status, or through seeking asylum. Cancellation of removal is one of the most common ways to stop a removal. However, you must meet eligibility requirements, such as having a green card for a least five years and continual residence in the U.S. for at least seven years along with other specific conditions.

Contact Heras Law Firm for Skilled Removal Defense

If you or someone you know is facing removal proceedings, we urge you to contact Heras Law Firm as soon as possible. You will need a skilled removal defense team to help you build a strong defense against deportation. Our firm is focused on resolving immigration issues and has gained substantial experience in assisting clients fight removal in the immigration courts.