Deportationāreferred to as āremovalā in U.S. lawāis the legal process of removing a non-citizen from the country for violating immigration laws. What is the most common reason for deportation? The most common reason is criminal activity. Other common reasons include being unlawfully present in the U.S., committing fraud, violating the terms or conditions of a visa, and failing to respond when placed in removal proceedings.
If you or a loved one is at risk of deportation, Immigration lawyers at EMP Law can help. Based in North Carolina, our firm fights against powerful government agencies to defend your rights, offering skilled legal guidance in immigration cases. Our attorneys bring extensive experience in immigration and criminal defense, representing clients in complex deportation cases. Reach out for a consultation.
What Is Deportation?
Deportation, officially called removal, is the process the U.S. government uses to make a non-citizen leave the country. The Department of Homeland Security (DHS) begins removal proceedings by issuing the non-citizen a Notice to Appear (NTA).
The NTA requires the non-citizen to appear in immigration court, where a judge determines whether they should be removed. If the judge decides the non-citizen should be removed, they base that conclusion on the non-citizen violating one or more immigration laws.
Who Can Be Deported?
Any non-citizen can be deported, including:
- Those with temporary humanitarian status,
- Temporary visa holders,
- Green card holders, and
- Undocumented individuals.
Only U.S. citizens cannot be deported.
Why Do People Get Deported?
What is the most common reason for deportation? What are the most common green card deportation reasons?
Non-citizens are frequently deported for the following reasons:
- Criminal activity,
- Being present in the U.S. without authorization,
- Immigration fraud,
- Violations of visa conditions, and
- Failing to attend deportation proceedings.
Criminal activity is the most common reason for the deportation of green card holders and other non-citizens, but non-criminal deportation is common, too. Letās take a more detailed look at each of these reasons.
1. Criminal Convictions
Being convicted of a criminal offenseāusually meaning you plead guilty or receive a guilty verdictācan lead to deportation. Many criminal offenses justify deportation under the law, including:
- Aggravated feloniesāserious crimes like drug trafficking, murder, and sexual offenses;
- Crimes involving moral turpitude (CIMTs)ācrimes that involve dishonesty or harm to others, such as fraud, theft, or domestic violence; and
- Drug-related offensesāconvictions for drug-related crimes, except for simple possession of a small amount of marijuana.
If a non-citizen is convicted of one of these crimes, deportation may be mandatory.
2. Presence Without Authorization
Entering or remaining in the U.S. without legal status is another of the most common reasons for deportation. A non-citizen may be present without authorization if they:
- Overstay their visa,
- Enter without going through an official immigration checkpoint, or
- Violate the terms of their visa.
Overstaying a visa and entering without inspection are significant contributors to non-criminal deportations.
3. Immigration Fraud or Misrepresentation
Providing false information on immigration applications or using fraudulent documents can lead to removal. Examples include:
- Providing false information on a visa or green card application,
- Using a fake passport or Social Security number, and
- Marrying solely to gain immigration benefits.
Fraud or misrepresentation can permanently bar you from obtaining legal status in the U.S.
4. Violation of Immigration Status Conditions
For green card holders, spending two years or longer outside the U.S. may surrender permanent resident status. Temporary visa holders may violate their visas by:
- Working in the U.S. without legal authorization;
- Failing to maintain required activities, such as when an F-1 student visa holder does not remain enrolled in a full-time course of study; or
- Staying in the country if you are here on a spouse or dependent visa and the primary visa holder loses their legal status.
Each immigration status has different requirements, and failing to follow them risks removal proceedings.
5. Failure to Appear for Immigration Proceedings
When you are placed in removal proceedings, you receive a Notice to Appear (NTA) telling you that you have a hearing scheduled in immigration court. Missing an immigration court hearing can result in an automatic removal order. This is called deportation in absentia.
Defenses Against Deportation
The fact that the government is trying to deport you does not mean it will necessarily succeed. You may defend against deportation by qualifying for:
- Asylum or Convention Against Torture (CAT) protection. Protection for people who fear serious harm because of their race, religion, nationality, political beliefs, or identity;
- Cancellation of removal. Allows some non-citizens to avoid deportation if they meet specific requirements, such as long-term residence in the U.S. and good moral character.
- Adjustment of status. Allows qualified individuals to apply for a green card without leaving the U.S.
Every case is different, so you may still have options even if none of the above sound promising.
How EMP Law Can Help
If you or a loved one is facing deportation, you need experienced legal representation. EMP Law is dedicated to protecting the rights of non-citizens and providing strong defense strategies in removal proceedings. Contact us today.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each clientās specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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