Deportation or Removal Proceedings

What is Deportation?

Deportation includes the formal removal of an alien from the U.S. and can be done in a number of ways: A non-resident can either be arrested as an immigrant, have their application denied by the USCIS, or have a request for asylum denied. Re-entry may not be granted for at least five years after deportation.

Reasons for Deportation:

A non-resident may be deported to his or her home country for the following reasons:

  • Fraudulent activity including providing fraudulent information in order to gain a green card, visa, etc.
  • Conviction of crimes including narcotics, murder, illegal trafficking of weapons, money laundering, or the sentencing of over 5 years for any crime of violence
  • Participation in illegal voting

The Process of Deportation or Removal:

  • U.S. Immigration and Customs Enforcement issues the alien a Notice to Appear (NTA) and files it with the immigration court
  • A hearing is scheduled in order to confirm the information on the NTA. The alien has the option to proceed either with or without an attorney
  • After the alien is confirmed for deportation, the alien has the option to apply for relief from deportation

Seeking Relief from Deportation — Cancellation of Removal

In order to suspend deportation, the alien may fulfill the following:

  • The alien is continuously and physically present in the U.S. for 7 years or more
  • The alien must portray good moral character
  • Religious reasons
  • The alien must demonstrate that being deported would cause severe hardship on the alien or his or her family members
    • Cancellation of removal based on extreme hardship may be mentioned either prior to a deportation hearing, after a deportation order has been established, or during an administrative proceeding under the Immigration and Nationality Act.
    • In order to be eligible, one must have resided in the U.S. for at least 7 to 10 years and be of “good moral character”

Withholding of Deportation

An individual can be withheld from deportation if he or she can prove that he or she is likely to suffer persecution upon his or her return to their home country. If proven, it is mandatory by law that the refugee is granted relief. Withholding deportation, however, does not permit the alien to apply for lawful permanent resident status and it is possible that he or shay may be deported to another country as opposed to their home country. Instead of forced deportation, an alien may declare voluntary departure in which an order of deportation will not be placed on his or her immigration record and he or she will not be banned from legally returning to the U.S. at a future date.

FAQ

What crimes can cause deportation in the US?

A non-resident may be deported to his or her home country for the following reasons:

  • Fraudulent activity including providing fraudulent information in order to gain a green card, visa, etc.
  • Conviction of crimes including narcotics, murder, illegal trafficking of weapons, money laundering, or the sentencing of over 5 years for any crime of violence
  • Participation in illegal voting

For what reasons can I be deported for illegally staying in the US?

An immigrant’s residence in the US may be considered illegal if the immigrant:

  • does not have permission from the government to be in the US
  • admission into the US has been revoked
  • did not comply with the conditions upon entry into the US
  • assisted another immigrant in entering the US illegally
  • Fraudulently produced his or her visa by fraud

If my crime is pardoned, can I still get deported?

Typically, an immigrant will not be deported if his or her crime is pardoned. But, government-issued pardons are extremely difficult to get, making them an ineffective mean of avoiding deportation.

Also, if you are pardoned and living outside of the US, you may be able to return to the US legally.

If my crime is expunged, can I still get deported?

Yes, if you are expunged of your crime, you can still be deported from the US. Getting your crime expunged does not erase a conviction from immigration authorities.

Can a US citizen ever be deported?

No, a full US citizen cannot be deported from the country unless they gained their citizenship unlawfully.

If you or a loved one is facing deportation issues or need more information regarding your options, contact a Los Angeles Gay and Lesbian Immigration Attorney today.

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