What Are Some Common Reasons People For Being Deported?
If you were legally in the U.S. and have been deported from the United States, it’s undoubtedly a serious matter for you and your family. Still, it’s not necessarily impossible for you to return.
When you’re deported, the re-entry procedures vary but are commonly based on the specifics of your case and the unique reason why you were deported.
There are many reasons for deportation, but commonly they fall into one (or more) of five categories; you usually may get deported for:
- Not obeying the terms of your immigration status – If you’re in the US on a visa, you must obey the terms and conditions related to your immigration status. For example, you cannot work or gain employment if you are in the US on a B2 Tourist Visa. If you do, you are violating the terms of your visa and may be deported.
- Violating immigration laws – There are numerous immigration laws, such as documentation fraud, overstaying your visa, entering the U.S. illegally, lying on the visa application, and more. Any of which can get you deported.
- Committing criminal acts – There are specific legalities for defining criminal acts, and many (even some seemingly minor infractions may get you deported. More severe crimes like firearm offenses, domestic violence, and money laundering will.
- If you commit marriage fraud – Many try to obtain a green card by entering fake marriages. However, getting married solely for U.S. residence is illegal and will lead to deportation.
- If you fail to disclose an address change – Let’s suppose you live in the US legally with a valid visa but fail to disclose a permanent change of address. This may seem trivial, but it is a prevalent reason for deportation.
So, the reasons for deportation vary, and some may even seem trivial, but many have teeth and can get you deported. If you believe that you’ve violated any aspect of your immigration, then obtain the professional guidance and advice of a Fresno immigration lawyer immediately. The best way to avoid deportation is to “get ahead” of any possible issue, no matter how minor it may seem.
What Happens When I Get Deported?
Deportation is never a pleasant experience; avoiding it is always the best way to go.
Suppose anything makes immigration officials suspicious of your activities, or they find evidence of violating your visa’s terms. In that case, they usually will first question you and detain you at a detention center. Detention centers are located throughout the U.S.
If your violation is substantive, a case will be filed against your immigrant and registered at an Immigration Court.
After your case has been registered, you will be mandated to attend a hearing. If the evidence and the hearing go against you, ICE will issue you a document known as the “Bag and Baggage” letter.
This letter will detail when and where you must report so you can immediately travel back to your native country.
Commonly the U.S. government pays the expenses. If you leave the detention center on bail, you usually won’t be returned. Depending on the violation and your case details, you may also leave the U.S. on your own; this is known as voluntary departure.
If you disregard the “Bag and Baggage” letter (knowingly or unknowingly), your case will immediately be forwarded to a fugitive unit, and you will be tracked down and arrested.
There are many steps to hurdle in this process, and it’s critical that before, during, and even after your hearing, you have the help of an aggressive, diligent, and professional immigration lawyer by your side.
Is There a Variable Time Before I Can Legally Return?
The simple answer is yes, there is. Commonly, the period you must wait before attempting to re-apply for legal entry to the U.S. solely depends on the specifics of your case.
- You may face a 5-year ban if you were removed or deported upon arrival to the U.S. because you were found inadmissible. Or, if you came to the U.S. but were immediately put into removal proceedings and then removed or deported,
- You may face a 10-year ban if you were issued a removal order immediately after your removal hearing.
- You may face a 20-year ban if you were convicted of an aggravated felony or have received more than one removal order. Also, if you entered the U.S. without permission after having been removed or illegally reentered the U.S. after having previously been in the U.S. unlawfully for more than one year.
You begin to see just how complex and varied the rules and regulations of immigration can be. Therefore, if you must go to a hearing or re-apply for re-entry to the U.S., it’s critical to your success that you obtain a winning, knowledgeable, and empathetic immigration lawyer to prepare and present your case professionally.
What Are My Options for Returning to the U.S.?
You must understand that if you were ordered to be deported from the U.S., limited legal options would enable you to return legally.
If a specific time was specified before you could return, that must be adhered to first. Then you will need a sound and realistic basis for applying for a U.S. visa or green card.
You cannot just turn back the clock and get your old immigration status back. Meet with your experienced immigration lawyer, and they will correctly fill out all the detailed paperwork (as outlined in Cornell Law/8 CFR/Section 1212.2/Consent to reapply for admission after deportation, removal or departure).
Commonly, as your lawyer will explain, sponsorship by a valid employer or a family member are the most common possibility for gaining re-entry into the U.S. Additionally, you might also qualify for a nonimmigrant visa that would allow you a temporary stay, such as a B-2 visitor visa or an F-1 student visa.
You need to know that once deported, it’s not impossible to re-enter the U.S., but it’s not easy either. Whatever your particular and unique situation, the help, guidance, knowledge, and persistence of your local Fresno immigration law team will be invaluable to your success.
My Loved One Has Been Deported; What Should I Do?
Most importantly, get the professional help you need as this complicated and vital legal matter demands it. You must consult a legal professional for guidance if you’re in danger of being deported or wish to gain re-entry.
The experienced, knowledgeable, empathetic, and resourceful immigration lawyers at the Bains Law Offices know the ins and outs of immigration law. They will tirelessly work with you to find the best solution no matter what your immigration matter may be. Call them today at (559) 890-1007 and obtain the skilled, professional, and diligent legal help you and your family must have.