DEFENSE IN DEPORTATION COURTS
FOR WHAT REASONS CAN I BE DEPORTED FROM THE UNITED STATES?
A foreigner can be deported from the United States on any of the following grounds:
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Prior violations of immigration rules. For example, upon entry into the United States it is discovered that you illegally worked in the U.S. during your last visit, or it is revealed that you obtained a visa through fraud
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Lack of grounds for extending a conditional Green Card. This can occur, in particular, if the marriage to a U.S. citizen was dissolved or annulled before two years of joint life, and you did not apply for a waiver
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Human smuggling or aiding illegal immigration into the United States
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Entering into a sham marriage with immigration intent
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Committing an aggravated felony or two crimes involving moral turpitude
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Committing a crime related to the sale or purchase of drugs and weapons
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Committing a crime related to domestic violence and child abuse
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Falsification of documents, in particular, for the purpose of obtaining immigration benefits, the right to work in the United States, etc.
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Participation in terrorist activities, membership in a terrorist organization, as well as espionage, illegal export of goods, technologies and information, and other activities threatening public safety
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Illegal employment in the United States
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Lack of lawful status of stay in the United States or expiration of your lawful status
These are only some of the most common grounds on which a foreigner present in the United States may be deported from the country.
— Is it possible to help people against whom deportation proceedings have already been initiated?
It depends on many circumstances, including the crucial role of your immigration attorney. Deportation hearings can result in a deportation order, or they can lead to the coveted Green Card or other ways to remain in the United States on legal grounds. Your attorney can seek cancellation of your deportation and legalization if one of the following immigration provisions applies to you:
— Legalization of status in the presence of an immediate relative – U.S. citizen
Immediate relatives in this case can only be a spouse and/or children over 21 years of age. Only persons who entered the country and passed U.S. border inspection can use this provision. However, there are certain exceptions that an experienced immigration attorney will explain to you after reviewing all the details and nuances of your case.
— Legalization of status under Section 249 of the Immigration and Nationality Act
This provision of the law applies to those who entered the United States before January 1, 1972, and have remained continuously in the United States since then.
— Application for political asylum
If a person has a well-founded fear of returning home and, in the event of deportation, would be subjected to persecution, in particular for their political opinions, national origin, religious beliefs, or membership in a particular social group (for example, persons of non-traditional sexual orientation or women subjected to domestic violence), then their deportation may be canceled and they may be granted asylum in the United States.
— Suspension of deportation (withholding of removal)
This status provides its holder with fewer privileges than political asylum. In particular, this status does not grant the right to obtain a Green Card and does not allow departure from the country. But at least it allows the right to work and reside in the country legally. To obtain suspension of deportation, it is necessary to prove that returning to the home country poses a danger to your life.
— Protection under the United Nations Convention Against Torture
Suspension of deportation under the UN Convention Against Torture can be obtained by proving that, if deported and sent back to the home country, you may be subjected to torture by the government or persons acting on behalf of the authorities. Persons with this status cannot obtain a Green Card or documents allowing them to leave and re-enter the United States. However, they are granted the right to live and work in the country on a lawful basis.
— Cancellation of removal for a non-permanent resident and issuance of a Green Card
This path to obtaining a Green Card is available to those who have lived in the United States for 10 years, regardless of whether they entered legally on a visa or crossed the border illegally, have not committed criminal offenses in the United States, have immediate lawful relatives in the United States, and can prove that their deportation would place their immediate relatives in extremely difficult circumstances. Immediate relatives in this case are considered to be a spouse, parents, and/or unmarried minor children who are U.S. citizens or permanent residents.
There are also other possibilities to stop your deportation and obtain lawful status in the United States. In particular, if you have been subjected to domestic violence by a U.S. citizen or resident, or if you are a victim of a crime committed against you in the United States. Currently, deferral of deportation is also permitted for a certain category of young people who were brought to the country as children.
If deportation proceedings have been initiated against you, contact an immigration attorney for advice as soon as possible. Do not avoid hearings in immigration court, as you may be deported in absentia, i.e., even in your absence from court. Moreover, it is possible that the hearings in immigration court may change your status and allow you to live in the United States legally.
As the saying goes, EVERY CLOUD HAS A SILVER LINING!