What Are Common Grounds For Deportation Or Removal From The US?
The common grounds for deportation or removal from the US are unlawful presence in the US due to entering illegally, overstaying a visa, committing certain crimes, and obtaining a visa fraudulently. If a non-US citizen has a criminal record, they should definitely speak to an immigration attorney who has experience with interpreting the impact of criminal records on immigration. This is a complex area of the law for which entire books have been written.
In general, any drug crime is grounds for deportation with the exception of the single offense of possession of marijuana under 30 grams. Many people think possession with intent is the same as possession, but it’s not; possession with intent is grounds for deportation, and possession of any drug aside from marijuana is also grounds for deportation.
Most types of violent crimes like simple assault and battery might be an exception, but it depends on the state’s laws and whether the elements of the crime match the elements of the federal crime that Congress had in mind when they created immigration law. Theft, fraud, or anything involving dishonesty, more serious violent crimes, and sex crimes, are generally grounds for deportation. Driving offenses that do not involve drugs would not likely be an issue but might disqualify you from some statuses, such as DACA and then lead to deportation for not having a valid status.
What Happens When Someone Is In The Process Of Being Deported Or Removed?
Generally, the first step in the process of deportation is for ICE to issue a notice to appear. This is an important document that should definitely be shown to an attorney. This notice explains why a deportation case is being opened, and lists the date, time, and location of the first hearing. There has been a lot of litigation recently over whether the notice to appear actually needs to include the hearing information and whether ICE can validly prosecute the case without it. A defective NTA can potentially result in the case being dismissed, or the immigrant qualifying for relief that they otherwise would not have qualified for. However, since the law is still not definitive in this regard, it is best to speak to an attorney.
For more information on Deportation Or Removal From The US, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (617) 297-7502 today.