Deportation and Removal

Perhaps no other area of immigration is prone to more adverse consequences than deportation and removal. Deportation and removal are very serious issues with wide-ranging ramifications. Families are torn apart, jobs lost, and lives shattered when a loved one is deported.  When deportation is related to criminal convictions, it can involve a highly complex interaction of state and federal laws. From what constitutes a “crime of moral turpitude” to whether the crime is a “serious crime” under federal law, deportation can become quite complicated.

Luckily, there exists various forms of relief from deportation. For example, one can appeal an immigration judges decision to the Board of Immigration Appeals (BIA), but they only have 30 days from the date of the USCIS (immigration judge) notice to file this appeal. Another form of relief from removal are the numerous “Cancellation of Removal” and “Waiver” procedures available. These can be quite technical, thus it is not in one’s best interest to handle these matters without the aid of a licensed immigration attorney.

More so than any other area of immigration law, it is imperative to contact a reputable immigration law firm to discuss how to handle deportation-related issues, before it is too late. If you or a loved one is facing deportation, you must act quickly to avoid an unfavorable outcome. Please contact us immediately if you need assistance in these matters.

In brief, there are six grounds for deportation:

  1. Persons Inadmissible at Entry, Who are Present in Violation of Law, or Who Have Violated Status: Aliens admitted as nonimmigrants who fail to abide by the terms of their “status” (i.e. overstaying);
  2. General Crimes and Aggravated Felonies: Crimes involving “moral turpitude”, aggravated felonies such as robbery, murder, extortion, rape, etc., and controlled substances violations (other than single conviction for less than 30 grams of marijuana);
  3. Registration Violations: Failing to comply with the registration requirements of the Immigration and Nationality Act (INA);
  4. Security and Related Grounds: For example, terrorists;
  5. Public Charge Ground: Aliens who come to the United States and who, within 5 years of entry, become public charges (i.e. individuals who becomes primarily dependent on the government for subsistence); and
  6. Unlawful Voting Ground: Voting in any US election in violation of local, state or federal law.

It bears repeating that if you or a loved one is facing deportation, you should contact a licensed attorney at once to prevent forcible removal from the United States. If someone has been deported and attempts to re-enter the United States illegally, the penalties can be severe. It is best to avoid that scenario by preventing deportation in the first place. Please contact us if you have any questions relating to deportation and removal.