Deportation is the formal process of removing a non-citizen from the United States. The U.S. government can initiate deportation proceedings against non-citizens for a number of reasons. Understanding these grounds is crucial for immigrants to maintain their legal status and avoid potential removal. In this brief guide, we will review some of the most common grounds for deportation in the U.S.
If you are currently living in the U.S. on a visa, it is critical to obey its terms and conditions to avoid deportation. For instance, if you have been granted a tourist visa, you may be restricted from working in the U.S. In this case, engaging in employment could put you at risk for deportation. Moreover, when it comes to student visas, immigrants may be deported if they drop below the required number of credit hours.
It is important to note that some violations may be forgiven or waived under certain circumstances, particularly if they were due to circumstances beyond the individual's control. However, it's always best to strictly adhere to the terms of one's immigration status to avoid potential deportation proceedings.
An immigrant may resort to a false marriage in order to obtain a U.S. green card. Nevertheless, entering a marriage with the sole purpose of receiving a green card is illegal and can lead to deportation. In addition, marriage fraud could destroy the individual’s eligibility for a U.S. visa or green card in the future. Engaging in marriage fraud also has criminal implications involved. According to federal law, anyone who enters a marriage for the purpose of evading immigration laws can be imprisoned for up to five years and fined up to $250,000.
You may be discovered for your involvement in marriage fraud at any point in the immigration process. For instance, in some cases, immigration authorities may check every two years to demand proof of validity of your marriage. In other words, immigration authorities remain vigilant about marriage fraud throughout an immigrant's stay in the U.S.
Certain criminal convictions can result in deportation. Crimes involving moral turpitude, aggravated felonies, drug offenses, firearms trafficking and domestic violence will put an immigrant at risk of being forcefully removed from the country.
Moral turpitude crimes are common grounds for deportation in the U.S. Essentially, moral turpitude crimes refer to offenses that severely violate community moral values and that were done with immoral intent. A few examples of crimes involving moral turpitude include human trafficking, crimes against children and rape. However, since moral turpitude is a relatively broad term and there are many different crimes that may fall under this category, it is best to take your case to an immigration attorney to find out if a crime you committed will put you at risk of deportation.
Non-citizens, including permanent residents (green card holders) and those on temporary visas, are required by law to report any change of address to U.S. Citizenship and Immigration Services (USCIS) within 10 days of moving. This is typically done by filing Form AR-11 (Alien's Change of Address Card), which can be submitted online or by mail. Failing to report an address change is a misdemeanor under U.S. immigration law that can lead to deportation, especially in severe or repeated offenses. It should be noted, however, that while most non-citizens must report address changes, there are indeed some exceptions. These exceptions typically apply to diplomats and their families, individuals with A-1 or A-2 visa holders and certain foreign military personnel.
If you have entered the U.S. illegally and without undergoing an official immigration check, you are at risk of being deported. Illegal entry, such as “sneaking through” the border, is a direct violation of immigration law. Consequences of illegal entry can be severe, including immediate deportability and potential bans on re-entry, typically for 3 to 10 years depending on the duration of unlawful presence. Multiple illegal entries or reentry after deportation can result in even harsher penalties, including felony charges. Although illegal entry is a ground for deportation, the actual process can be complex, and there are many important factors at play such as length of stay, family ties, and potential eligibility. In some instances, individuals may be offered voluntary departure as an alternative to formal deportation.
Understanding the grounds for deportation is crucial for anyone living in the United States as a non-citizen. While this article provides an overview of key deportation grounds, it's important to remember that immigration law is complicated and constantly evolving. Each case is unique, and the specific circumstances can greatly impact the outcome of deportation proceedings. If you or someone you know is facing potential deportation or has concerns about their immigration status, you should speak with a licensed immigration attorney as soon as possible. At Attorney At Law, we are here to provide expert assistance to protect your rights and status in the United States.
