Deportation

Deportation, not to be confused with extradition, generally means the expulsion of someone from a place or country. In general, the term now refers exclusively to the expulsion of foreigners (the expulsion of natives is usually called banishment, exile, or transportation). Historically, it also referred to penal transportation.

Deportation from the United States

Any alien that is in the United States may be subject to deportation or removal if he or she:^[1]

• Is an inadmissible alien according to immigration laws in effect at the time of entry to the U.S. or adjustment of nonimmigrant status;
• Is present in the U.S. in violation of the Immigration and Nationality Act or any other U.S. law;
• Violated nonimmigrant status or a condition of entry into the U.S.;
• Terminated a conditional permanent residence;
• Encouraged or aided any other alien to enter the U.S. illegally;
• Engaged in marriage fraud to gain admission to the U.S.;
• Was convicted of certain criminal offenses;
• Failed to register or falsified documents relating to entry in to the U.S.;
• Engaged in any activity that endangers public safety or creates a risk of national security; or
• Engaged in unlawful voting.

There are numerous protections and sources of relief from deportation proceedings in the United States. As such, there are Immigration attorneys that specialize in removals and deportation proceedings. Many times, the immigrant is able to benefit from available sources of relief such as: asylum, withholding of removal, adjustment of status if married to a US Citizen spouse, and cancellation of removal. It is important to note that there are also waivers available against inadmissibility and removability of an individual during deportation proceedings.

References