How and Why The U.S. Deports People
If you, or someone you love, are concerned about being deported, or simply want to be better informed on the process, it is a good idea to contact an immigration attorney in your area. In the meantime, you can get started on the basics of the “hows” and “whys” of United States deportation law.
Why Someone is Deported
There are several criteria for people to be deported from the United States:
- People who have become citizens of the U.S. in a fraudulent manner, such as by marrying a citizen of the U.S. for the purpose of becoming a legal citizen.
- People who sneak into the country illegally, such as crossing a border or flying in, and then posing as a legal citizen.
- People who come to the U.S. in a legal manner on a temporary visit, but then refuse to leave.
- This who engage in any activity that endangers public safety or creates a risk of national security
- Under The Immigration and Nationality Act the Department of Homeland Security has the authority to deport anyone who has committed a crime involving “moral turpitude,” which is conduct contrary to community standards of justice, honesty, or good morals.
There are some situations where an alien may be able to retain their permanent residence in the U.S. To better understand your rights and the possibilities of retaining citizenship in the U.S., contact an immigration attorney who knows immigration law intimately.
How Someone is Deported
The process of deportation begins with the government issuing an "Order to Show Cause." This is a document that informs the person in question of the government’s reasons for deportation.
The person is then usually detained, but they can be released if they post bond. Next, the alien is scheduled to attend a hearing before an immigration judge. There is a government attorney who is present at these hearings, which makes it all the more important that a defendant have their own legal counsel to represent them. But unlike other legal cases in the United States, the court does not appoint a public attorney.
While the alien is responsible for all legal counsel fees, there are attorneys and legal agencies in many jurisdictions that will work for reduced fees or even pro bono.
Much like any other legal proceedings, the judge then hears the evidence presented by both sides, and makes a ruling that can be appealed by either side to the Board of Immigration Appeals (BIA).
If you, or someone you love, is facing deportation, you need to contact an immigration attorney as soon as possible. Whocanisue.com can help you locate an immigration attorney in your area who has specialized experience with deportation cases.