There are more than 50 reasons the United States government can deport someone. The U.S. Immigration and Customs Enforcement (ICE) is the primary agency in charge of enforcement. ICE can deport anyone that is here unlawfully, lawfully (by visa), or even those who have green cards and are legal permanent residents.
The Immigration and Nationality Act (INA), Act 237 provides all the reasons for deportation but the majority can be broken down into 3 categories:
Violations of Crime
A criminal conviction is the most common reason for a deportation and while not all crimes will result in deportation, many can. Some of the top criminal offenses include: drug crimes, firearm offenses, aggravated felonies, domestic or family violence, human trafficking/smuggling of illegal aliens, failure to register as a sex offender, money laundering, and “crimes of moral turpitude.” The latter is defined as “an act or behavior that gravely violates the sentiment or accepted standard of the community.”
In addition to criminal convictions, terrorist and security activities are grounds for a deportation. These are activities that violate the United States law and relate to espionage, sabotage, technology/sensitive information that endangers public/national security, and attempting to control or overthrow the government by unlawful means.
Finally, participation in acts of torture, extrajudicial killing, commissions of severe violations of religious freedom, and recruitment or use of child soldiers are also all grounds for deportation.
Violations of Immigration Laws
Violation of immigration laws is another top reason for deportability. These include overstaying a visa, violating your visa status, falsely claiming to be a U.S. citizen, and having been inadmissible at the time of entry.
Some examples include being in the U.S. on a tourist visa and getting a job or if having a family visa but already married. Failure to register and falsification of documents are also violations, although they may seem very minor. If you fail to change your address within 10 days of moving that is a crime that may cause deportation. Also an immigrant cannot receive public assistance within five years from their date of entry.
The last category that encompasses the top reasons for deportation is fraud or misstatements on immigration paperwork.
The most common type of fraud is marriage fraud. If it can be proved that two people never actually planned to establish a life together but were married so the other spouse could get a visa and their marriage is fraudulent, this can be grounds for a deportation.
In another instance the marriage could be real, but there was falsification of financial assets.
While not all misstatements on immigration paperwork are intentional ICE will determine if it was a common error or a mistake of innocence. This is why it is so important to have even the simplest of questions and answers on your application reviewed by an attorney.
You Have Options
If you or a loved one is in removal proceedings or is being threatened with deportation, you need the advice of an experienced immigration attorney. Aliens in removal proceedings could be eligible for numerous types of immigration relief including asylum, adjustment of status, cancellation of removal, a waiver, or voluntary departure.
It is not recommended to simply accept an order of removal without first contacting an immigration attorney.
Find a local Miami Immigration Attorney or Deportation Lawyer
E.J. Hubbs and the immigration attorneys at Hubbs Law represent immigration and deportation clients in Miami and throughout Miami-Dade County, including Hialeah, Miami Gardens, Kendall, Miami Beach, North and South Miami, Homestead, and anywhere else in the area.
Our experienced immigration and criminal attorneys will discuss all aspects of your case with you and inform you of any immigration relief that might be applicable to you or your loved one in his or her particular case. Call (305) 376-7178 today to schedule your initial consultation.
U.S. Citizenship and Immigration Services, INA: Act 237
Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.A. This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.