The sudden upheaval caused by deportation can bring a family a great deal of uncertainty. Deportation is the formal removal of a foreign national when found in violation of immigration laws. The Immigration and Nationality Act (INA) defines the grounds of removability from the United States. Understanding deportation and ways to defend against it can give you and your family confidence in navigating the legal system. Below are some common grounds for deportation and manners you can defend against it.
Failure to Disclose Address Change
If you are changing address for any reason, ICE - U.S. Immigration and Customs Enforcement requires immigrants to notify the agency as soon as possible of the change. Even if it is a situation where you are relocating due to a new job, you must give notice. It may not sound as serious as other grounds, but it is a common reason for deportation.
Failure to Obey Terms and Conditions of Your Status
All visas are issued for specific academic, temporary/seasonal employment, or tourism reasons. Each reason has its specified requirements, and if you fail to abide by them, you can be deported. Visa conditions usually relate to work eligibility. Some visas, such as tourist visas, do not allow you to work. Take time to review and understand the terms and conditions associated with your visa.
Committing a Crime
According to INA, those who hold a green card can be deported if convicted of a “moral turpitude” crime. Crimes of moral turpitude, or CMT, are crimes perpetrated with the intent to cause harm. Examples of such crimes include;
- Domestic violence
- Espionage and terrorism
- Firearms and drug trafficking
- Document fraud
The classification of moral turpitude can be avoided if the crime is a “petty offense.” A crime falls under petty offense if the penalty does not exceed one year of imprisonment. The more serious the crime, the more likely you are to face complications regarding your status in the United States.
Taking Public Assistance
Upon receiving a green card, holders agree not to rely on the U.S. government for public assistance. If someone accepts public assistance within five years of entering the country, they may be deported.
Violating Immigration Laws
Some immigration laws are easy to violate if you’re not aware of them. Some common immigration law violations include:
- Visa overstay
- Entering the U.S illegally
- Marriage fraud
- Documentation fraud
It is vital to keep yourself updated with immigration laws to avoid unintended violations.
How to Defend Yourself
If you are deportable under one of these grounds, there are ways to defend yourself. Below are some resources that can assist you in your defense.
- Submit Renewal of Form I-751 Removal of Conditional Residence
- Apply for DACA
- Application for Permanent Residency / Adjustment of Status
If none of the above applies to you, other options are available. The best way to get tailored advice for your situation is by consulting with an immigration attorney. An immigration attorney will be able to access the needs of your case and create a litigation strategy.
Get in Touch with Our Team Today
The United States immigration system is complex and ever-changing; it is crucial to have a knowledgeable party on your side. If you are facing deportation, contact J & K Law today! With over 20 years of experience, we are committed to helping you every step of the way.
If you would like to learn more about how you can help with your immigration case, don’t hesitate to contact us today through our online contact form, or give us a call at (212) 390-1024.