Under current deportation laws, there are several criminal acts or immigration violations that can lead to deportation. The United States Citizenship and Immigration Services has stated that deportation is the act of removal of an alien who is residing in the U.S.
An alien can face deportation under the following circumstances:
- Violation of non-immigrant status or one of the conditions of U.S. entry
- Does not qualify for admission to the United States according to the immigration laws
- Violation of the Immigration and Nationality Act
- Termination of conditional permanent residence
- Enters into a non-genuine marriage to gain entry into the U.S.
- Helps or encourages the illegal entry of another alien
- Conviction of criminal offense
- Providing false information on entry documents
- Failing to register official entry documents
- Endangers the safety of the public or creates a national security risk
- Votes when not legally eligible to do so
The Process of Deportation
If an alien violates deportation laws, the USCIS will send them a Notice to Appear. The notice will include information on the individual, the reasons why they are being deported, and the time and date of the individual’s hearing.
During the hearing, the alien needs to address the information included in the Notice to Appear that was issued. They are allowed to have a lawyer present if they wish. If the judge decides that the Notice to Appear contained inaccurate information, the person will have the opportunity to apply for a form of relief or waiver, if eligible. If the individual is not eligible for a form of relief or waiver, they will face deportation.
Available forms of relief include:
- The cancellation of deportation for permanent United States residents – if the person has been a legal permanent U.S. resident for a minimum of five years and has never been convicted of an aggravated felony.
- Cancellation of deportation for non-permanent United States residents – if the person has been physically present in the U.S. for a minimum of ten years and has demonstrated good moral character, has never been convicted of any type of crime, and faces extreme hardship if deported.
- An adjustment of status – if the person is a spouse or parent of a U.S. citizen.
- Asylum and withholding of deportation – if the person is in fear of persecution if deported.
After an alien files for any type of relief, they attend a personal hearing, which allows them to deliver testimony on their behalf. Other witnesses are also allowed to testify on their behalf. After listening to the alien and any witnesses, the judge issues a ruling on the individual’s case. When deportation has been ordered, the alien has 30 days to make an official appeal with the United States Court of Appeals, Board of Immigration Appeals, and in some cases, the United States Supreme Court.
How We Can Help You!
If you or one of your loved ones is facing deportation, you can contact a professional San Antonio immigration attorney to help you create a solid deportation defense. One of the attorneys at the Davis Law Firm can help you to learn more about what you can do to stay in the United States. We are experts in immigration law and are here to help you.