The deportation process can be extremely confusing and having to face it can be terrifying. There are even many cases where those being threatened by deportation are caught entirely off guard. In this blog, we’ll discuss the details of exactly what happens during deportation to give you an idea of what to expect and how to fight against it.
Call Zadykyan Law for your free consultation.
What are Grounds For Deportation?
There are several reasons why someone would be targeted for removal. Grounds for deportation are typically tied to criminal convictions, however, those with clean records can still face removal. Here are the most common types of criminal convictions that warrant deportation:
- Aggravated felonies such as murder, drug trafficking, money laundering (involving over $10,000), firearm or explosive trafficking, crimes of violence or theft with a sentence of at least 1 year, rape or sexual abuse of a minor, fraud or tax evasion worth $10,000 or more, obstruction of justice, among others.
- Drug Convictions: These can warrant a deportation case against for any conviction unless it was for simple possession or personal use of 30 grams or less of marijuana. Deportation can also occur for being addicted to or abusing drugs even if you don’t have a conviction.
- Moral Turpitude: These are crimes such as theft, murder, voluntary manslaughter, and crimes involving vileness, such as rape or other certain sexual crimes. An individual can be deported for any of these crimes if they have been committed within 5 years of their admission into the U.S
- Firearms Conviction: This mainly consists of the unlawful possession of a firearm.
- Domestic Violence Crimes: An individual can be deported for conviction of domestic violence, stalking, child abuse, child neglect or abandonment, or the violation of a protection order.
If an individual was deported due to a criminal conviction, they must wait 5 or 10 years, depending on the case, before being eligible to legally return to the U.S. However, after a second deportation, the wait time is increased to 20 years.
Even though criminal convictions are some of the most common reasons for deportation, an individual can still be deported without any criminal convictions. Here are some of the main reasons as to why an individual could be deported without a criminal conviction:
- Overstaying a visa
- Committing marriage fraud
- They are considered a threat to the United States
- Voted unlawfully
- Falsely claiming to be a United States citizen
How We Can Help
No matter the circumstances, you cannot be removed from the United States without due process of law. This will involve a hearing before an immigration judge that will review the evidence brought against you and determine whether you have broken immigration law. The judges’ decision will either allow you to stay in/gain entry into the U.S. or deny your entering or remaining in the country.
There are several ways in which our experienced immigration team can help prevent your removal and make sure your rights remain intact. We can help you pursue:
- A Cancellation of Removal and a Waiver
- Applying for asylum
- Adjustment of status
- Cancelling or suspension of removal
- Voluntary Departure
Contact our Sherman Oaks Immigration Team Today
We understand how stressful and overwhelming the threat of deportation can be for you and your loved ones. At Zadykyan Law, we are committed to tireless and compassionate efforts to make sure your rights are upheld.
If you or a loved one are facing removal do not hesitate to contact us today through our website or give us a call at (818) 600-6322 for a complimentary consultation to discuss your case. We also speak Russian.