It’s important to remember that U.S. immigration laws can change often due to the political climate. If you are a permanent resident with a green card, you might need to travel back to your home country or another country for various reasons. This can be related to the Immigration and Nationality Act, Section 237, which outlines several circumstances under which someone can be removed from the U.S. These situations depend on a person’s actions or behaviors. This grounds for deportability article is explained in detail.
Grounds of Deportability vs. Inadmissibility
When using the term deportability we are referring to persons who are already inside the United States under legal working and resident status such as green card holders or holders of temporary visas. On the other hand, inadmissibility is about individuals who seek entry into the shoes of the United States for the first time, such as visa or green card applicants.
However, certain situations can blur the lines between these two categories. For instance, green card holders who spend extended periods outside the U.S., commit crimes, or engage in illegal activities abroad may face inadmissibility upon their return. This underscores the importance of understanding the potential consequences of actions even after obtaining legal permanent residence.
Common Scenarios Leading to Deportability
Deportation from the United States can occur for a variety of reasons, often linked to violations of immigration laws or criminal activity. Here are some common scenarios that can lead to deportability:
1. Visa Overstay or Violation
One of the most frequent causes of deportation is overstaying a visa or violating its terms. This includes failing to leave the U.S. by the visa expiration date or engaging in unauthorized activities, such as working while on a tourist visa.
2. Unlawful Presence and Illegal Entry
Individuals who enter the U.S. without proper authorization or remain in the country unlawfully are subject to deportation. This includes those who cross borders without inspection or who do not have valid immigration status.
3. Criminal Convictions
Certain types of criminal convictions can lead to deportation, including:
- Aggravated felonies: Serious crimes that typically result in severe penalties.
- Crimes involving moral turpitude: Offenses that reflect poorly on an individual’s moral character, such as theft or fraud.
- Drug offenses: Involvement in drug trafficking or possession.
- Firearms offenses: Illegal possession or trafficking of firearms.
- Domestic violence: Crimes against intimate partners, which can also include related offenses like stalking.
4. Security Threats
Individuals identified as threats to national security, such as suspected terrorists or those involved in espionage, can be deported under this category.
5. Immigration Fraud and Misrepresentation
Committing fraud in immigration processes—such as entering into a sham marriage for immigration benefits or providing false information on applications—can lead to deportation. This includes falsely claiming U.S. citizenship13.
6. Failure to Maintain Legal Status
Non-citizens must adhere to the conditions of their visa status. Violations can include unauthorized employment or failing to comply with educational requirements for student visas.
7. Smuggling and Aiding Illegal Entry
Assisting others in entering the U.S. illegally can also result in deportation for the individual providing assistance.
8. Change of Address Violations
While less common, failing to notify immigration authorities of a change of address can be grounds for deportation, although this is typically more easily remedied.
Consequences of Being Deported from the U.S.
Being deported from the United States carries significant and often life-altering consequences for individuals and their families. The repercussions can be immediate and long-term, affecting personal, financial, and legal aspects of life. Here are the primary consequences of deportation:
1. Legal Bar to Re-Entry
Once deported, individuals typically face a legal ban on re-entering the U.S. The duration of this ban can vary:
- Five years: For those who were summarily removed or deported at a port of entry.
- Ten years: For those deported after a removal hearing.
- Twenty years: For individuals with prior deportations who attempt to re-enter unlawfully.
- Permanent ban: For those convicted of aggravated felonies or who illegally re-enter after deportation.
2. Impact on Family
Deportation can severely affect family dynamics, particularly for mixed-status households where U.S. citizens or lawful residents live with undocumented family members. The removal of an undocumented individual can lead to:
- A dramatic drop in household income, potentially reducing it by up to 50%.
- Increased poverty levels for families left behind, as they may lose financial support.
- Emotional distress for children and family members who face separation from their loved ones.
3. Economic Consequences
The economic impact extends beyond individual families:
- Mass deportations could lead to significant declines in median household income across communities, contributing to increased poverty rates1.
- The national economy may suffer, with estimates suggesting a reduction in GDP by as much as $4.7 trillion over ten years due to labor shortages and decreased consumer spending resulting from mass deportations.
4. Difficulty in Obtaining Future Immigration Benefits
Individuals who have been deported may find it challenging to obtain future visas or green cards due to their immigration history. They often need to apply for waivers to overcome the grounds for their inadmissibility, which can be a complicated and uncertain process.
5. Social Stigma and Psychological Effects
Deportation can lead to social stigma and psychological effects, including anxiety and depression. Individuals may experience feelings of shame or isolation within their communities, particularly if they are perceived as having failed in their immigration journey.
Legal Recourse and Protecting Against Deportation
It’s essential to note that individuals facing potential deportability are entitled to defend their case in immigration court, with some situations allowing for waivers or legal forgiveness. However, the surest way to protect against deportation is to become a U.S. citizen, provided there is no fraud involved in obtaining green card status or citizenship.
Additionally, individuals arrested for crimes should exercise caution, as pleading guilty without considering the immigration implications can have dire consequences. Seeking counsel from both criminal and immigration lawyers is crucial in such situations.
In conclusion, the grounds for deportability in the United States are diverse and complex. Understanding these factors is vital for green card holders and other non-citizens to navigate the intricate landscape of immigration law and ensure they remain on the right side of the law.
By staying informed and seeking professional assistance when needed, individuals can protect their legal status and secure their future in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for Form I-212, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure visas/permits so they are not deported from the US. Call us today at +234 812 5505 986 to learn how we can assist you.
