Deportation (also called “removal”) is a process when the federal government (“DHS”) formally deports an person from the United States for violations of a number of immigration or criminal laws. Once deported, such person may lose the right to ever return to the United States, even as a visitor. In certain cases such dire consequences could be overcome through a waiver.
Removal is a legal proceeding, and a person who is subject to this procedure has legal rights prior to being deported from the US, including the right to challenge the removal itself. To learn more about your immigration rights please visit www.ImmigrationRaid.org
Classes of Deportable Aliens
Any alien that is in the United States may be subject to deportation or removal if he or she:
- 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.
Deportation or Removal Process
A Notice to Appear (NTA) is issued by the U.S. Immigration and Customs Enforcement, served to the alien, and filed with the immigration court. In addition to containing general information about the immigrant (name, country of origin, etc.), the NTA also states the reasons for the deportation or removal.
For more information about Deportation (Removal) please consult our Frequently Asked Questions