Facing deportation is a frightening experience for any immigrant. The thought of being forced to leave the country, possibly separated from family and a life you’ve built, is overwhelming. However, understanding why removal proceedings happen and what options may be available can help you navigate the process with more confidence.
At Hirsch Law Group in Illinois, we have helped individuals fight deportation and protect their right to stay in the U.S. If you or a loved one is facing removal, it’s crucial to know the grounds for deportation and what legal defenses may be available.
Why Do Deportation Proceedings Happen?
The U.S. government can initiate removal proceedings for many reasons, ranging from visa violations to criminal convictions. Below are some of the most common grounds for deportation:
1. Violating Visa Terms or Overstaying a Visa
If you enter the U.S. on a visa—whether for work, school, or tourism—you must follow the terms of that visa. Common violations that can lead to removal include:
- Staying in the U.S. after your visa has expired
- Working without proper authorization
- Failing to maintain student visa requirements
2. Criminal Convictions
Certain criminal offenses can lead to deportation, even for lawful permanent residents (green card holders). Some of the most serious offenses include:
- Aggravated felonies: These include crimes like murder, drug trafficking, fraud, and certain theft or violent crimes with severe penalties.
- Crimes of moral turpitude: While not clearly defined, these offenses generally involve dishonesty, violence, or extreme recklessness, such as fraud, assault, or domestic violence.
- Drug-related offenses: Drug possession charges can lead to removal, depending on the circumstances.
- Firearm offenses: Possessing or using a firearm unlawfully can be grounds for deportation.
3. Fraud or Misrepresentation
If an immigrant is found to have obtained a visa, green card, or citizenship through fraud, they may face removal. Examples include:
- Using fake documents to enter the U.S.
- Lying on an immigration application
- Engaging in a fraudulent marriage solely for immigration benefits
4. National Security Threats
Any individual suspected of being involved in terrorism, espionage, or other activities that threaten U.S. national security may face deportation. These cases are taken very seriously and often lead to swift removal proceedings.
What Happens in Removal Proceedings?
If the U.S. government believes you have violated immigration law, you may receive a Notice to Appear (NTA) in immigration court. This document will outline the reasons for your deportation and provide a court date. The process generally involves:
- Master Calendar Hearing – An initial hearing where you can contest the charges against you.
- Merits Hearing – A full hearing where you present your defense with legal arguments and evidence.
- Decision – A judge determines whether you will be deported or allowed to stay.
Defenses Against Deportation
If you are facing removal, you may have legal options to fight deportation, such as:
- Asylum or protection under the Convention Against Torture (CAT) if returning to your home country would put you in danger.
- Cancellation of removal for certain residents who meet specific criteria.
- Waivers for certain criminal or immigration violations.
- Adjustment of status if you qualify for a green card through family or employment.
Contact Hirsch Law Group Today
Deportation is not always inevitable. With the right legal strategy, many immigrants can fight to stay in the U.S. At Hirsch Law Group, we have extensive experience defending clients in removal proceedings and exploring every possible legal avenue to protect their future.
If you or a loved one is facing deportation, don’t wait until it’s too late. Contact us today to discuss your case and take action to defend your right to stay in the U.S.