In this video, attorney Jacob Sapochnick discusses the top 5 reasons a U.S. immigrant may be subject to deportation in the year 2024 and how to avoid falling into these circumstances.
If you would like to know more about this topic, we invite you to watch our video.
There are several reasons that may lead immigration to start the process of deporting an immigrant from the United States to their country of origin. Removal may occur because of certain actions undertaken by the foreign national that violate the immigration laws of the United States.
One of the most common scenarios is where the foreign national did not have the right to be in the United States in the first place. But this is not the only reason a person may be subject to deportation. Other reasons may include crossing the border illegally or even overstaying a U.S. visa beyond your authorized period of stay.
Here we discuss the top 5 most common reasons that may lead to deportation.
Violating the Terms and Conditions of a Nonimmigrant Visa or Failing to Maintain Lawful Status
One of the top reasons a person may be deported is for violating the terms and conditions of a nonimmigrant visa following his or her most recent admission to the United States, or failing to maintain lawful status in the United States.
For example, working without legal authorization as an F-1 international student is a violation of the terms and conditions of a student visa. In such a case, if the student is apprehended by an immigration official, it could lead to his or her removal from the United States.
Yet another example is entering the United States on a B-1/B-2 visitor visa and subsequently overstaying past the expiration of your authorized period of stay. Similarly, this could lead to your removal from the United States in the case of detention or apprehension by immigration officials. This is an example of a circumstance in which a person initially enters the United States lawfully, and then remains in the country without legal status due to his or her expiration of their stay. This scenario demonstrates the failure to maintain lawful status in the United States.
Failing your classes or working unlawfully are also examples of a failure to maintain lawful status.
Failure to Change Your Address with USCIS
The second most common reason that can lead to deportation is failing to notify the U.S. Citizenship and Immigration Services (USCIS) of your change of address.
Most people are unaware of the legal requirement to notify USCIS of a change of address within 10 days of moving to your new address. This applies to all non-US Citizens by law. Simply filing a change of address with the U.S. post office is insufficient. The change of address must be filed directly with the USCIS.
Failure to provide USCIS with this information may be grounds for deportation.
For instance, if you attend an immigration interview and the immigration officer becomes aware that you have moved several times and failed to report a change of address with USCIS, it could be a reason for a visa violation and potentially result in deportation.
Deportable Criminal Offenses
The third most common reason leading to deportation for both nonimmigrant visa holders and permanent residents is committing certain crimes that serve as grounds for deportation under the law. For example, under immigration law certain crimes can put you at risk for deportation including crimes of moral turpitude and aggravated felonies.
Such crimes may include but are not limited to drug smuggling, alien smuggling, identity and travel document fraud, domestic violence, murder, child abuse, kidnapping, rape, firearm offenses, terrorism, among others that can be grounds for deportation.
Visa holders and permanent residents should be aware that while state authorities may classify criminal offenses in a certain way, immigration authorities have their own interpretation of certain crimes which may be higher offenses. That is why it is imperative for noncitizens to work with both an experienced criminal attorney in your state, as well as a knowledgeable immigration attorney to understand the magnitude of the crime before making any plea deals because criminal offenses can have devastating implications on the immigration process.
Violation of U.S. laws
The fourth most common reason leading to deportation is violations of U.S. laws. For example, committing marriage fraud, schemes to defraud the U.S. government such as tax fraud, smuggling, human trafficking violations, etc. could all lead to the deportation of all those involved.
Relying on Public Assistance
Finally, relying on public assistance within the first five years of entering the United States also known as being a “public charge,” can lead to deportation proceedings. If the government finds that you have taken prohibited public benefits at their expense, and you are not able to reimburse the government for those benefits, you may be subject to deportation.
A public charge is defined as a non-citizen who is likely to become primarily dependent on the government for financial support, by receiving either: cash assistance for income maintenance or being institutionalized for long-term care at the government’s expense.
Receiving certain government benefits does not make a non-citizen a public charge. To understand what benefits you can and cannot take as a visa holder or permanent resident, you should consult with a knowledgeable immigration attorney.
While there are other reasons a U.S. immigrant may be deported from the United States, these are the top scenarios that we have seen where immigrants commonly get into trouble and are eventually deported. The more aware you are of these scenarios and how to avoid them, the less likely you are to commit an offense leading to deportation.
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