Deportation is the official expulsion of an individual from a country. The reasons for deportation can vary from country to country but typically include crime, illegal immigration, or national security threats.

Individuals facing deportation may be able to appeal the decision. However, the Government still decides who will stay or leave their country. 

Deportation can be a difficult and emotional experience for those involved, so it is essential to know your rights and what you can expect if you face deportation. Click for more.

Deportation Ground #1: Being In The Country Illegally

Discuss Immigration Options And Waivers If You Were Or Are About To Be Placed In Deportation In The U.S.

It’s a crime that’s often overlooked. People who are in the country illegally are committing a federal offense. Although it’s not as severe as some other crimes, it’s still a crime.

People who are in the country illegally are typically from another country. They may have entered the country on a Visa and then stayed after their Visa expired. Or, they may have snuck across the border without any documentation.

Whatever the case, being in the country illegally is a crime. And it can result in deportation. If caught, you’ll be taken into custody and processed for removal from the United States.

If you’re undocumented and living in the United States, you risk being detained and deported by Immigration and Customs Enforcement (ICE). ICE agents typically target undocumented immigrants who have committed crimes and have overstayed their Visas.

If you’re facing deportation, it’s essential to understand your rights and know what options are available to you. An experienced immigration attorney can help you navigate the complex legal process and fight for your right to remain in the United States.

Deportation Ground #2: Being A Public Charge

The second reason for deportation is a public charge. A public charge is an immigrant likely to depend on the Government for financial support. In other words, you could be considered a public charge if you rely on certain Government benefits to meet your basic needs. The Government can deport an immigrant if they are deemed a public charge. 

A few different types of benefits can count towards making someone a public charge. They include cash assistance, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Medicaid (with some exceptions), and food stamps. Any type of benefit that provides financial assistance or helps with basic needs can be counted towards making someone a public charge.

The Government looks at a few factors when determining if someone is in a public charge. They include:

  • Whether the person has been on welfare in the past.
  • Whether the person has been unemployed for an extended period.
  • Whether the person has a criminal record.

There are a few ways to avoid being considered a public charge:

  • Trying to get a job and support yourself financially would be best.
  • It will help if you do not rely on Government benefits as your primary source of income.
  • It would help if you showed that you have enough money to support yourself without burdening the state.
  • Don’t forget to file your taxes every year.

Deportation Ground # 3: Overstaying A Visa 

Many people who come to the United States do so with a Visa. A Visa allows a foreign national to enter the United States for a specific purpose, such as tourism, business, or study. Once the individual arrives in the United States, they can stay for a certain period, as specified on their Visa. They are said to have overstayed their Visa if they stay beyond that period.

Overstaying a Visa can have serious consequences. For one, it can make it very difficult to obtain a Visa in the future. Additionally, those who overstay their Visas may be subject to deportation and fines. Therefore, you must leave the United States before your Visa expires.

If you overstay your Visa, even if it’s just by a few days, you can be subject to deportation. The Government will bar you from returning to the United States for three years if you get deported. After that, you can apply for a new Visa, but getting approved will be much more challenging.

There are a few ways to avoid being deported for overstaying your Visa. First, keep track of your Visa’s expiration date and plan to leave the country before it expires.

Second, if you need to extend your stay in the United States, apply for an extension before your Visa expiration date.

Third, apply for asylum. If you can prove that you have a well-founded fear of persecution in your home country, you may be able to stay in the United States.

Lastly, If you have been the victim of a crime, you may be eligible for a U Visa. This Visa allows victims of certain crimes to stay in the United States so that they can assist law enforcement with their investigation.

If you find yourself in a situation where you’ve overstayed your Visa, don’t panic. You can do a few things to try to fix the problem.

Deportation Ground # 4: Being Involved In Human Trafficking 

The fourth reason an individual may be deported from the United States is if they are involved in human trafficking. This includes both sex trafficking and labor trafficking of adults and children. Human trafficking is a form of modern slavery and federal crime in the United States.

Human trafficking is the crime of slavery, forced work, or sexual exploitation. It is a global problem that affects millions of people every year. Victims are often coerced, tricked, or robbed by traffickers to continue the crime.

Human trafficking is a hidden crime, and it’s hard to know how many people are affected. But it’s a growing problem. 

In the United States alone, the National Human Trafficking Hotline has seen a more than 50 percent increase in calls since 2013.

An NGO study released in 2019 found that as much as 72 percent of calls to the National Human Trafficking Hotline were related to sex trafficking, 11 percent were related to cases of labor trafficking, four percent had occurred both, and 13 percent remained unspecified.

According to a 2019 FBI study based on data gathered for three years (2015-2017), 80 percent of instances where human trafficking was investigated involved victims of bonded or human trafficking, 19 percent involved victims of illegal labor trade, and one-tenth involved victims with both those forms. The FBI study found that 43 percent of victims of human trafficking recruited for labor were foreign nationals living outside the United States.

There are many ways you can get involved in the fight against human trafficking. You can learn about the issue and spread awareness. You can support organizations that help victims of human trafficking. And you can lobby for laws and policies to help prevent human trafficking and protect its victims.

If an individual is found to be involved in human trafficking, they will be deported and may also face criminal charges. If you think you or someone you know may be involved in human trafficking, it is essential to report it to the authorities.

Deportation Ground #5: Committing Marriage Fraud

Marrying In The U.S. To Obtain Legal Status Is Considered Fraud And Can Lead To Deportation Proceedings

Marriage fraud is one of the five primary reasons for deportation in the United States. You have committed marriage fraud if you are not a citizen and marry a U.S. citizen or permanent resident to gain immigration benefits. This severe offense can result in your deportation and denial of future immigration benefits.

If you are found to have committed marriage fraud, you will be placed in removal proceedings and will have to appear before an immigration judge. The penalties for marriage fraud are severe, so you must consult an experienced immigration attorney if you face these charges.

Marriage fraud is one of the five reasons you could be deported from the United States. According to U.S. Citizenship and Immigration Services, marriage fraud is when two people marry to evade immigration laws. This type of fraud is a felony and can lead to deportation. In addition, if you are found to have committed marriage fraud, the Government will bar you from ever entering the United States again. This is a severe offense; you should be prepared to face the consequences if found guilty. 

If you are facing removal proceedings on this type of charge, you must have an experienced immigration attorney representing you.

In conclusion, there are ways to avoid being deported if you are an undocumented immigrant in the United States. First, do not break any laws. If police stop you, do not resist arrest, and do not lie about your citizenship status. Second, know your rights. If you get arrested, you have the right to remain silent and the right to an attorney. Third, stay informed and get involved. Know what is happening in the immigration debate and be active in your community.

It is essential to remember that even if you have committed one of the five offenses, you may still have options available to you and should speak with an experienced immigration attorney before making any decisions about your case.

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The Medlin Law Firm Criminal Legal Team

(682) 204-4066 We cannot receive pictures via text so please send those via email or hand deliver to our office.

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