Deportation is an action taken by the US Government to remove a foreign born national, as it is illegal for them to remain in the country. Prior to 2002, it was the INS (Immigration and Naturalization Service) that was charged with overseeing all immigration issues. Late in 2002, Congress passed the Homeland Security Act, which effectively transferred the powers held by the INS to the Department of Homeland Security.
Deportation or Exclusion:
In the event you are attempting to get a US Green Card, visa, or even crossing a border into the US, you can be excluded from entry. If you are excluded from entering the country, you will be forced to wait a year before you try again. There is very little that deportation lawyers can do to help in this case.
However, if you are already in the country, you may be subject to deportation proceedings, meaning that a deportation attorney can help. Without legal assistance, you may find yourself in a position where you are excluded from re-entry into the US for a full five years.
Why would you be excluded or deported?
It is understood that only US citizens have a right to be in the country, along with those who have a valid visa or green card. The government can force you to return to your homeland for a number of reasons, which include:
- Commission of fraud in order to gain entry to the US with a visa, green card, etc.
- Being convicted of a crime involving illegal drugs.
- Convicted of murder, money laundering, trafficking in weapons, or a violent crime carrying a prison term of five years or more.
How can deportation action be stopped?
You may be able to stave off deportation proceedings, but to do so you will certainly need to hire a skilled deportation lawyer. Your lawyers have several ways they can get you relief:
- You must prove yourself to be of good moral character
- You must have been present in the US continuously for a minimum of seven years
- You must prove that deportation will cause undue hardship to your family that remains in the United States
Your lawyers may also submit that you will be persecuted in your home country due to your political belief, religion, or membership in a certain social group.
There are other ways to suspend deportation proceedings, and your deportation lawyer can advise you of other methods that are appropriate for your particular situation. You are invited to discuss your deportation case at Din Law, where you can get a free consultation.