Deportation (also known as exclusion) is a process by which the Department of Homeland Security deports a person residing in the U.S. for violation of immigration laws, or for committing a criminal offense. If it is determined that an individual is removable, this person is subject to receiving an order for removal and must leave the United States. Any person that not a U.S. citizen may be deported from the United States. A person who has been deported can be barred from re-entry into the United States for ten years, or lose the right to return for good. In some cases, such grim consequences can be overcome through a pardon.
At Gomez & Uzcategui, we support and represent immigrants who are at risk of deportation from the United States. We have extensive knowledge in processes related to deportation and deportation laws in the U.S. For our lawyers, immigration issues is a priority as we understand how difficult these matters can be. We strive to protect our clients and their interests, and ensure that no person is deported unjustly.
An individual who is not a U.S. citizen can find themselves at risk of deportation for any of the following reasons:
- The individual has a criminal record for serious or minor crimes.
- The individual has violated U.S. immigration laws.
- The individual has a visa or green card that has expired.
- The individual has committed a violation of employment.
- The individual committed fraud at the time of immigration.
- The individual has received a final order of deportation after being refused asylum.
- The individual has not left the United States once he/she has been approved for voluntary departure
Classes of deportable foreign nationals
When the foreign national is not a legal resident:
The most common reason as to why visa holders who are not permanent residents are deported or removed is because the individual entered the U.S. without valid entry documents, or because they entered legally with a visa, and remained in the country past the allowed time frame.
If the foreign national is a legal resident and he/she is denied entry into the United States:
There several scenarios that may result in an individual being refused entry to the United States. Legal U.S. residents who have remained outside the United States for a long period of time should be prepared to provide evidence at the port of entry that they have maintained a continuous, uninterrupted intention to return to the United States during this absence.
When the foreign national is a legal resident alien and deportation proceedings have begun:
Legal permanent residents seeking U.S. citizenship can be confirmed for deportation without their knowledge as part of the naturalization process, which requires an extensive background check. Withdrawing the application for citizenship will not prevent the possibility that the person be deported if he/she has officially been placed in deportation proceedings. However, one of the most common reasons as to why a permanent resident is deported from the United States is because the person has commuted serious crimes.
A deportation proceeding is initiated by the Department of Homeland Security and the case is assigned to an Immigration Judge. The judge determines whether the immigrant is to be deported. It is at this juncture that the counsel of an immigration attorney becomes crucial.
Contact us at Gomez & Uzcategui, where our seasoned immigration attorneys can help with your deportation matters in Miami, Florida.