Foreigners fear deportation because they do not want to leave behind the lives they have built in the United States. Expulsion of foreigners may occur even if they have Permanent Resident Cards (Green Cards). ICE (Immigration and Customs Enforcement) has the authority to deport a person who has committed a crime or fraud, entered the country illegally, or failed to renew their status.
Reasons for Deportation:
Following are the 3 reasons that explain why people get deported:
Certain crimes can result in lawful residents of the United States being deported. Many crimes may lead to deportation, usually when they are committed with moral turpitude. Criminal acts of moral turpitude are crimes committed against another person, their property, or the government. The offender is subject to deportation if he or she commits a crime involving moral turpitude within ten years of lawful entry into the country. Deportation may also result from the following criminal offenses:
- There is a record of aggravated felony conviction against them
- A person who trades firearms possesses destructive devices, uses them, or owns them
- They are also responsible for crimes against children, including domestic violence
- Violations of protection orders
- Their actions violate the right to religious freedom
- There is a link between them and terrorists or traffickers
- Crimes involving controlled substances
- They assist or encourage another foreigner to enter the U.S. unlawfully
An individual who commits a felony or a moral turpitude crime can be pardoned by the president or governor to remain in the country. Obtaining this pardon is a difficult process. Also, an individual who commits domestic violence may remain in the country if it is in self-defence.
A final removal order would be issued for someone who obtained his or her visa or other documentation fraudulently. Fraudulent acts include marrying a citizen of the United States to evade immigration laws or submitting false documentation for a visa or green card application. An attorney general can waive deportation for those who commit fraud to assist their children or spouses in entering the country
Entering Unlawfully or Failing to Change Status
Immigration and Customs Enforcement will deport anyone who enters the country illegally. In addition, those whose status is not maintained after they have lawfully entered the country face the same situation. There are few rights for those in illegal status regarding deportation, and sometimes they must leave the country less than 24 hours after receiving an order for deportation.
People who entered the country illegally do not have a right to appeal before ICE removes them. This is the difference between people who have permanent residence and people who enter the country illegally. Lawful residents can seek legal assistance from an attorney to defend themselves and avoid deportation. If the accused is eligible for a waiver, a qualified lawyer can also assist in determining whether he/she should be represented, so in any case, legal representation would be beneficial. If you or someone you know is facing such issues, then you can contact the Law Offices of Fady Eskander to help you in getting out of this situation.