Deportation is the official removal a foreign national or a person with no citizenship from the U.S. territory. Deportation is ordered by an immigration judge for the violation of the U.S. immigration laws and regulations.
Deportation is not a criminal procedure and does not imply any punishment. However, it is very difficult to be admitted to the U.S.A. after deportation. Once a person is deported, he or she is not supposed to apply for a US entry visa for five, ten or more years. Sometimes deported persons are banned from entering the United States permanently. The length of ban depends on the reason for removal and if the person was convicted of a crime.
Not only people who have nonimmigrant visas, but even green card holders can be deported from the US territory for certain violations. For instance, one can be deported if he or she:
- entered the US territory illegally;
- violated conditions of his/her visa or green card;
- violated other immigration laws and regulations;
- committed a crime;
- is a drug addict;
- received need-based government assistant within five years after the date of entry;
- failed to notify USCIS about change of address.
Removal procedure starts with a Notice to Appear, which contains a list of immigration law violations. An immigration judge hears the case and decides whether the alien is removable and whether he or she is eligible for a relief from removal.
Qualified aliens may ask the immigration judge for discretionary relief, which may be requested at any time before the final order. The alien subject to removal has to prove that he or she is eligible for discretionary relief under the immigration law. There are different types of discretionary relieves, such as adjustment of status, asylum, cancellation of removal, voluntary departure and others.
A deportable person can defend his or her case. An immigration attorney can assist you with defense and representation before the immigration court. If you are facing deportation consider making an appointment with an immigration attorney without delay.