Anyone who carries a nonimmigrant visa or green card has the right to be present in the United States. However, they must follow certain regulations and avoid violating specific laws. Under the U.S. Immigration and Nationality Act (I.N.A.), there are grounds under which a person who is not a citizen of the United States can be deported back to their country of origin.
If you are facing deportation, call Tucker, Nong and Associates or contact us online immediately, Our experienced deportation defense lawyers can help you understand your case and defend your rights in court. To learn more about deportation and removal defense, visit:
Who can be deported?
The specific grounds that may make one deportable from the United States are set out in Section 237 of the I.N.A.These regulations apply to anyone that is not a citizen and is lawfully present in the United States, whether they hold lawful permanent residence (green card holders) or have a nonimmigrant visa which authorizes a temporary stay in the United States. Under the same law, those who are present in the United States without the proper legal permission may be deported.
Reasons for Deportation
Below, is a brief summary of the grounds for which a person may be deported from the U.S. It is important to remember that each of these topics are very complex and it is strongly advised you work with an immigration lawyer in order to understand your options.
Some of the most common reasons for deportation are:
- An individual violates the terms of their immigration status (green card, nonimmigrant visa, etc.) An individual was inadmissible at the time where they entered the country or adjusted their status.
- An individual had received a conditional permanent resident status but, this status has been terminated.
- An individual commits marriage fraud.
- An individual obtained a green card on the basis of a marriage that occurred less than two years ago, then had that marriage terminated within the next two years.
- An individual knowingly helped smuggle aliens into the United States before, during or within five years of entering the country.
- An individual is convicted of a crime of moral turpitude (such as theft or fraud) that is punishable by a sentence of at least one year in prison and the conviction occurred within 5 years of admission to the United States.
- An individual has committed two or more crimes involving moral turpitude any time after being admitted to the United States, if the two criminal convictions did not come from one single criminal scheme.
- An individual has committed an aggravated felony (such as murder or forcible rape) any time after being admitted to the United States.
- An individual did not register as a sex offender when required under any law.
- An individual is convicted of fleeing an immigration checkpoint at high speed.
- Commit, conspire to commit or attempt to commit a drug crime in the U.S. Or any other country, at any time following admission to the United States.
- Are or at any time after being admitted to the United States, become addicted to or abuse drugs.
- Have been convicted of an offense involving espionage, treason, sabotage or sedition that is punishable with at least five years of prison time.
- Have been convicted of certain offenses involving firearms or other weapons at any time after being admitted to the United States.
- Have falsely presented themselves as a citizen of the United States in an effort to gain any benefits..
- Have participated in any election if by doing so they violated any federal, state or local laws.
- Have participated in acts of genocide or persecution, including, but not limited to Nazi persecution.
- Have engaged in severely violating the religious freedoms of others or have participated in recruiting or using child soldiers for any purpose.
- Have become dependent of government assistance programs within five years of entry to the United States if the reasons for them becoming a public charge were present at the time they entered the U.S.
- Have failed to notify relevant immigration authorities of a change of address within 10 days of the change, unless they can prove that such a failure was not done deliberately or willfully.
- Have engaged in, or become likely to engage in terrorist activities.
- Are convicted of providing false information to immigration authorities or any other violation that is related to fraud or misuse of any entry document, such as a visa or immigration permit.
- Through their presence in the United States, would create serious negative consequences for the nation’s foreign policy.
- Have committed human trafficking offenses both inside or outside of the United States, or have aided, abetted, assisted or conspired with anyone else to commit serious human trafficking offenses.
If Any of These Grounds Apply to You, You Need a Lawyer
Even if you may be deportable under one of the specified grounds, you will not be immediately removed from the country. In the majority of cases, you retain the right to have a hearing in front of an immigration court. In some cases, you may be eligible for a waiver and retain the right to reside in the United States. Anyone that may become deportable or is facing removal proceedings should immediately consult an experience immigration.
Are You At Risk Of Being Deported In Virgina, Maryland or Washington D.C.?
If you are at risk of being deported you need to speak with an experienced immigration attorney as soon as possible. Please contact us online or call our Vienna, Virgnia office directly at 703.991.7978 or our Rockville, Maryland office at 301.637.5392 to schedule your case consultation.