Deportation

Deportation

In general there are five reasons for deportation:

  • You entered the country without authorization
  • You violated your status –  violated the terms of your admission or worked without permission
  • You have certain criminal convictions
  • You are a member of certain prohibited organizations (terrorist, Nazi)
  • You became a public charge within 5 years of entering the United States

Can I stop the deportation?

There are sometimes different options available for relief in deportation cases. Everything depends on how long you are here in the United States, your family members’ statuses, and if you have a criminal record.

Cancellation of Removal is a possibility –

For permanent residents (Green Card holders) if they can show:

•         7 years continuously in the U.S.

•         good character

•         a spouse, parent, or child who is a legal permanent resident (LPR)or U.S. citizen would undergo “exceptional and extremely unusual hardship” if you were deported

For foreigners who are not a permanent resident:

•         10 years continuously in E.E.U.U.

•         good character

•         a spouse, parent, or child who is a legal permanent resident (LPR)or U.S. citizen would undergo “exceptional and extremely unusual hardship” if you were deported

Deportation and crimes

An immigrant with a criminal record may face deportation. In fact there are certain types of crimes that can put one at risk of deportation and a bar from reentering the country. (Note: I-192 Non-immigrant waivers can still be a possibility for those with criminal convictions.)

Some nonviolent crimes also can affect one’s status.

“Aggravated felonies” with some exceptions, are deportable. Aggravated felonies also can affect your ability to obtain bond and may make you removable administratively, without referral to Immigration Court.

What are aggravated felonies?

  • a crime of violence for which the term of imprisonment is at least 1 year;
  • a theft offense (including receipt of stolen property) or burglary offense for which the term of imprisonment is at least one year;
  • illicit trafficking in drugs, firearms, destructive devices, or explosive materials;
  • an offense that involves fraud or deceit in which the loss to the victim or victims exceeds $10,000;
  • offenses related to alien smuggling (though some exceptions apply); and
  • murder, rape, or sexual abuse of a minor.

Foreign convictions will have the same effect where imprisonment was completed in the last the 15 years.

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