The U.S Deportation Policy

Many people from all over the world decide to migrate to the US so that they can have good living conditions and a lifestyle as they believe that here the living standards are very high compared to their own mother countries.

Deportation is the physical act of removing someone from the county that they currently reside in, and moving them to a different country, usually their own birth country. In case you live in the US and you are not a permanent resident or citizen there is a likelihood that you may be removed from the US by force. There are many reasons for deportation, some legitimate, some not so legitimate.

For those facing deportation rulings, it can prove to be a very difficult situation to get out of, especially in the US. But if you are familiar with all the rules and regulations for deportation, then you stand to have a much better chance to fight back. With the help of a skilled immigration lawyer in U.S, the process will be easier for you to navigate, and you will be more successful in your claim.

Immigration law, in any country, is a highly complex code of conduct. To avoid deportation, you will have to follow any specific guidelines and requirements, to even be considered eligible for permanent residence. Because of the fast turnover rate of immigration cases, you will have a very strict deadline that you must follow, and if you fail to adhere to these guidelines, you will be deported.

Another obstacle will be the highly-skilled teams of lawyers that will be arguing their case against you. These attorneys often have years of experience in immigration law cases. Therefore, if you are looking to avoid deportation yourself, then hiring a professional U.S immigration lawyer will be vital to your success.

A person who is not an American citizen or someone that is otherwise exempt from deportation may be liable to face deportation themselves. Any person in the U.S can be deported if the US. government deems this as conducive to the public good, as well as a spouse or child under 18 of any person whose deportation is deemed conducive to the public good, or anyone with an expired visa. Any person over 17 who is convicted of an offense which is punishable with imprisonment may also face deportation.

Deportation may also occur in the U.S. if a party has failed to observe a condition attached to their visa, or has obtained leave by way of deceptive practices. In such cases, there must be clear evidence that an individual has obtained a visa, or citizenship by deception, and therefore is eligible for deportation. In any case, if deportation is considered the correct course of action, after all the facts have been considered, a notice of a decision to make a deportation order will be served.

Because of the complexity of deportation law, it is very important that the immigration attorney you choose to hire should specialize in this area of law. You should consult with each attorney extensively to find out more about their qualifications, and the past successes they have had in previous cases. With the correct attorney’s help, you will be well on your way to fighting your immigration case, resulting in a successful, and favorable outcome.

Dealing with deportation is obviously a difficult situation for anyone, but with a few tips, one can do something to prevent being forcibly returned to his/her home country.

Here is a number of legal tactics one can employ to escape the deportation hook.

  • The first and most recommended tactic for countering deportation charges is to voluntarily leave the country. Please take note that being deported and voluntarily leaving the country are two different matters altogether. Being deported is often without the consent of the person who is being taken to his/her home country. However, voluntary deportation is where one willingly agrees to leave the country. Under the US Immigration Law, a person who voluntarily agrees to be deported can potentially enter the US again at a future date but will be expected to pay for his/her own transportation costs to his/her home country.

    With forceful deportation, one cannot come back to the US in the future but his/her transportation costs back home will be graciously paid for by the United States government. However, keep in mind that one would only have the option of voluntary deportation when he/she has not committed a serious offense (crime) deserving of deportation.

  • For people whose lives might have been threatened in their respective home countries due to their political standing or sometimes religious beliefs, applying for asylum is an option to avoid deportation. If one is granted asylum, he/she will have the opportunity of applying for permanent residence after a period of one year. Note that asylum is rarely given to deportable immigrants.
  • Applying for a waiver of deportation may also be an effective strategy. A waiver is given when one can prove beyond doubt that if he/she would be deported, his/her spouse or family relatives who have attained permanent residence or US citizenship will face difficulties or hardship due to his/her absence. This works best if the person to be deported is the primary breadwinner of the family.

Lastly, if one’s own spouse or a close relative is already a US citizen, he/she may be able to avoid deportation by applying for permanent residence. The person’s close ties with his/her spouse or family members who are US citizens can influence the immigration court to grant one a permanent residence, suspending his/her deportation proceedings.

Remember that all these strategies for avoiding deportation depend on the circumstances of one’s case and the events that brought about the deportation charges. Also, note that US Immigration Law is very strict on particular crimes like firearms trafficking so involved in these types of activities will lessen the options one may have to challenge the deportation. If you have been given notice of removal, you should not worry as they law can assist you in avoiding being deported.