The deportation and removal of an immigrant from the United States is a judicial process that must have a legal basis in order to be carried out. To this effect, some of the most common legal justifications presented by the United States Citizenship and Immigration Services (USCIS) include:
Immigration Law Offenses
Many of the laws that govern the entry and permanence of foreigners in the United States are based on an understanding that violations may result in deportations. At the most basic level, not having a legal right to be in the country can be grounds for deportation. More specific offenses may include: tourists who overstay their visa or start working, sham marriages for the purpose of getting green cards, willfully disappearing from the USCIS radar, and others.
Another legal reason for deportation is the commission of certain crimes, particularly aggravated felony offenses such as murder, kidnapping, child pornography, treason, compromising national security, and others. Trafficking of controlled substances may also be grounds for deportation. However, it is important to note that certain states have a broad definition of trafficking that covers just about all activities related to drugs. For this reason, immigration attorneys are often able to clarify that felony possession or drug-use do not constitute trafficking.
Obtaining Public Assistance
Legal residence is only given to petitioners who prove that they are not a public charge. In other words, the path to legal immigration must be free of public assistance. Section 237(a)(5) of the Immigration and Naturalization Act is very clear with regard to foreigners who receive public assistance in the first five years since they entered the country. The law states that these immigrants can be deported. In some cases, government assistance could be received in error, which would allow affected immigrants to clear their names and avoid deportation.
Whatever legal reason the USCIS mentions as their intent to initiate removal proceedings, immigrants must remember that they can invoke their right to due process, which means that they can challenge their deportations in a judicial venue and with the assistance of a seasoned immigration lawyer in San Diego.
To legally become a U.S. resident and avoid deportation, schedule a free immigration consultation in San Diego. An immigration attorney can ensure your visa application is correctly and completely filled out and filed on time and can guide you through the immigration process from start to citizenship. Call (858) 874-0711 to learn more.