We have already analyzed what to do when faced with a removal order. However, another essential issue remains: What are the causes of deportation in the United States? Together with the experts from Zava Immigration Law Group, we will analyze the reasons that may lead to deportation of a citizen to avoid this arduous process.
If you are already in removal proceedings for any of the causes of deportation in the United States, do not panic. Our team of attorneys has extensive experience in deportation defense proceedings. Contact us and let’s defend together your right to stay in the country you have chosen as your home.
Table Of Contents
What are the causes of deportation in the United States?
The causes of deportation in the United States are associated with noncompliance or violation of the laws of the country. However, there are many reasons to deport a foreign citizen or resident alien. Below, we will explore three of the most common ones.
1 – Violation of visa conditions
One of the causes of deportation in the United States is the violation of the conditions or permits of your visa. It is a matter of not respecting the duration and/or permits granted by each visa. For example, working on a tourist visa is a violation of the conditions of that visa, as it does not grant permission to work in the country.
Therefore, it is important to understand the benefits, obligations and duration of each visa. At Zava Immigration Law Group we can help you analyze which visa class fits your situation and explain its benefits and obligations. Talk to an attorney today and get the information you need to avoid deportation proceedings in the United States.
2 – Inadmissibility for entry into the United States
Another cause of deportation in the United States is inadmissibility grounds at the time of entry into the country. While there are many reasons why an immigrant may be declared inadmissible, the most common are:
- Violation of immigration laws (illegal entry, violation of visa conditions, etc.).
- Serious criminal record (terrorism, drug trafficking, human trafficking, domestic violence, etc.).
- Being considered as a potential public charge (dependent on government assistance).
- To be considered a risk factor for public health.
- Have previous grounds of inadmissibility or deportation orders.
However, some of these grounds of inadmissibility may be waived through an immigration waiver. At Zava Immigration Law Group we can help you get the waiver you need to enter the country legally. Tell us your case today and take the first step towards a new life in the United States.
3 – Acts and/or criminal record
Certain acts or criminal records are also possible causes for deportation in the United States. Even if you have legal status, by committing a serious crime you could be sentenced to prison and subsequently deported. Some of the crimes that are among the causes for direct deportation from the United States are:
- Illegal entry: Entering or re-entering the country without authorization and/or without passing through official ports of entry is one of the grounds for deportation by ICE in the United States.
- Drug-related crimes: Criminal activities related to drug trafficking, sale or possession of illegal substances are also grounds for deportation in the United States.
- Crimes classified as of a “moral character”: Although the immigration laws do not specify what exactly this term means, it is established that if there is dishonesty or theft, a crime may be classified as of a “moral character”. The most common examples of this are:
- Domestic violence crimes.
- Sexual abuse.
- Attempted robbery or homicide.
- Illegal trespassing on private property
- Trafficking and Smuggling of Persons: Any kind of involvement in illegal activities related to trafficking or smuggling of persons into the United States constitutes grounds for deportation from the country.
- Marriage fraud: A marriage arranged solely to obtain U.S. residency by marriage is considered fraud by the immigration authorities and is another cause for deportation in the United States.
Remember that some of these offenses may be waived through an immigration waiver. Don’t let a past mistake keep you from a better future. At Zava Immigration Law Group we can help you obtain the waiver you need to avoid deportation. Contact us today and let’s start preparing your defense.
Deportation priorities in the United States
As we have seen, there are multiple grounds for deportation in the United States. However, there are also priority ranges for removal, which are also valid reasons for any removal process. These are:
- Individuals who pose a threat to national security: Those who are considered a threat to national security, including persons associated with terrorism or extremist activities, may be deported.
- Individuals with serious criminal records: Those with convictions for serious crimes, including violent crimes, drug trafficking, and firearms-related offenses, are often considered a priority for deportation.
- Unauthorized Newcomers: Individuals who have recently entered the country illegally and do not have legal status are often a priority for deportation.
- Persons with prior orders of deportation: Those who have prior orders of deportation and have illegally re-entered the United States may be deported on a priority basis.
- Individuals who violate immigration laws: Individuals who violate immigration laws, such as working without authorization or overstaying their visa, may be considered for deportation.
However, please note that each case is carefully studied by the immigration authorities. Therefore, seeking the help of an immigration attorney to analyze your case is essential. At Zava Immigration Law Group, our professionals can help you choose the best course of legal action to defend against deportation. Contact us today and let’s fight for your rights together.
What to do when faced with a removal order?
Now, once we have identified the grounds for deportation in the United States, What to do when faced with an order of removal? The first thing to do is to seek legal advice to begin the cancellation of the removal process as soon as possible. It can be broken down into the following steps:
Step 1 – Preparation of Documentation
Complete and submit the Form EOIR 42B or EOIR Form 42A (as appropriate) with the Immigration Court along with the appropriate USCIS fees.
Step 2 – Preparation of the Testimonial
With the assistance of a professional attorney, prepare your testimony to testify before the immigration judge. This includes, among other things:
– Documentation of evidence.
– Sworn written statements.
– Testimony showing that your immediate family members would suffer exceptional and extremely unusual hardship if you were deported.
Step 3 – Attendance at Hearings and Presentation of Evidence
Attend the first Immigration Court hearing, known as the “Master Calendar Hearing” and the individual hearing. Present all evidence, documents and testimony gathered before the immigration judge to support your case.
Step 4 – Judge’s Decision
Once you have attended the hearings and submitted all relevant documentation, all that remains is to wait for the immigration judge’s decision. If the judge determines that you have complied with all the necessary requirements, the deportation proceedings will be cancelled.
Remember that having professional legal advice could be key to the success of this kind of process. At Zava Immigration Law Group we can help you prepare your defense and obtain cancellation of removal. Contact us today and secure your stay in the country you have chosen as your home.
What is cancellation of removal?
The cancellation of removal is a legal remedy for foreign nationals who are in removal, deportation or removal proceedings from the United States. This mechanism can avoid deportation from the country, provided certain requirements are met.
How long does the Cancellation of Removal proceedings take?
The length of cancellation of removal proceedings can fluctuate depending on the case and the workload of the immigration court. It may take several months or even years from filing the application to obtaining a final decision.
Is it possible to appeal a deportation order?
Yes, you can appeal a deportation order by using Form EOIR-29 (Notice of Appeal to the Board of Removal Appeals from a Decision of an Immigration Officer) by filing with the office that issued the decision on the application.
How Long Does It Take to Process an Appeal Against a Deportation Order?
Generally, the deportation appeal process takes an average of 6 months, although this period may vary depending on the complexity of the case. It is important to note that the time taken to resolve the appeal does not predict the decision that the court will make, so a long time does not necessarily imply an unfavorable resolution.
Are there Exceptions to the Illegal Re-entry Prohibition?
Yes, there are certain exceptions to the prohibition of illegal re-entry. These apply in cases where a foreigner receives prior authorization from the government or enjoys special protection, such as asylum. However, it is essential to consult an immigration attorney to understand these exceptions and to verify whether you qualify.
Understanding the causes of deportation: the importance of legal counsel
Understanding the causes of deportation in the U.S. is a vital step to avoid falling into this process, which is so problematic for the immigrant community. Many times something as simple as a misinterpretation in the conditions of a visa can lead to the initiation of a removal process.
That is why at Zava Immigration Law Group we are committed to providing quality legal assistance to the entire U.S. immigrant community. Do not face the harsh deportation process on your own. Contact our lawyers and let’s start fighting together for your right to stay in the place you have chosen as your home.
Sources
USA.gov – Learn how the deportation process works
USCIS – Application for Suspension of Deportation or Cancellation of Removal
USCIS – Notice of Appeal Before the Board of Immigration Appeals
Other resources
How to Apply for Cancellation of Removal, Step by Step
Cancellation of Removal with EOIR 42B Form
Starting Over: How To Regain Your Immigration Status After Deportation
How to Act When Faced with a Deportation Order in the U.S.
Applying For Defensive Asylum In The U.S., The Complete Guide
