According to the department of U.S. Citizenship and Immigration Services, deportation is the formal removal of an alien from the United States. Under deportation laws, there are a number of immigration violations or criminal acts that could cause this.
Deportation could be faced when an alien:
- Violates nonimmigrant status or a condition of entry into the United States
- Is ineligible for admission to the U.S. according to current immigration laws
- Violates the Immigration and Nationality Act
- Terminates conditional permanent residence
- Enters into a fraudulent marriage in order to enter the U.S.
- Encourages or helps another alien to enter the country illegally
- Is convicted of a criminal offense
- Falsifies or fails to register entry documents
- Endangers public safety or poses a national security risk
- Votes illegally
The Deportation Process
If an alien is found to have violated deportation laws, they will be issued a Notice to Appear (NTA) by USCIS. This will include information on the individual, the reasons for deportation, and the time and date set for the hearing.
At the hearing, the alien will need to address the information contained in the NTA. They will have the option to have an attorney present. If the judge ultimately determines that the NTA is accurate, then the individual will be given the chance to apply for a waiver or form of relief, if they are eligible. If the alien is not eligible for any of waivers or types of relief, they will be deported.
Some types of available relief include:
- Cancellation of removal for permanent residents – If they have been a legal permanent resident for at least five years and have not been convicted of an aggravated felony.
- Cancellation of removal for non-permanent residents – If they have been physically present in the country for 10 years, have shown good moral character, have not been convicted of a crime and will suffer extreme hardship if deported.
- Adjustment of status – If they are eligible as a parent, spouse or child of a U.S. citizen to adjust their status.
- Asylum and withholding of removal – If there is a fear of persecution upon deportation.
Once an alien files for relief, they will attend an individual hearing, in which they can deliver testimony and allow witnesses to testify on their behalf. The judge will then issue a ruling on the alien’s case. If deportation has been ordered, the individual has 30 days to appeal the decision with the Board of Immigration Appeals, the U.S. Court of Appeals or the U.S. Supreme Court, in some cases.
We Can Help!
If you or a loved one is struggling with deportation laws, contact a San Antonio immigration attorney at the Davis Law Firm for help with deportation defense. One of our qualified attorneys can help you understand the options available to you. Call us today at 800-770-0127 or 210-444-4444, or fill out a contact form here.