The term “deportation” is used when an immigrant is formally removed from the US by the federal government for violating specific or immigration laws. After deportation, a foreigner may not have the right to step into the US anymore.
Keep in mind that if you are in a different country, being NOT involved on any drug cases and avoiding deportation is a must. But if it is avoidable, you must seek for a legal advises or look for a drug crime lawyer Dallas TX.
Deportation is a legal process; so any foreigner who is subject to the procedure has rights before being deported from the US, including a right to challenge the deportation itself on constitutional or procedural grounds.
Classes of Deportable Foreigners according to the US Deportation Laws
Any foreigner who is in the US may be subject to removal or deportation if he/she:
- Is present in the United States in violation of the Nationality and Immigration Act or other United States laws
- Aided or encouraged any other foreigner to illegally enter the United States
- Terminates a conditional permanent residence
- Violated any entry condition into the United States or non-immigrant status
- Is inadmissible according to the immigration laws during the entry time into the United States or non-immigrant status adjustment
- Has been convicted of specific criminal offenses
- Was involved in voting unlawfully
- Was involved in any activity which causes a national security risk or endangers the safety of the public
- Falsified or did not register entry documents into the US
- Was involved in marriage fraud in a bid to get into the US
Deportation Process According to the US Deportation Laws
- The United States Immigration and Customs Agency issue a Notice to Appear which is served to the foreigner and then filed with the immigration court. The NTA contains the immigrant’s general information (name, age, country of origin, etc.), as well as the reasons for the eviction or deportation.
- A hearing will be scheduled, where the immigration judge will ask if the foreigner is ready to continue with the case, or needs more time to get an attorney. If the latter is the case, a hearing will be scheduled for another date.
- After choosing to proceed without an attorney, or securing one, the contents of the Notice to Appear must be verified by the foreigner.
- If the immigration judge concludes that the NTA information is correct, the foreigner is given a chance to apply for an appeal from deportation. But if the foreigner isn’t eligible, the judge will order a deportation.
- If the foreigner has been deported by order, he/she has thirty days to appeal to the Board of Immigration Appeal. If the appeal isn’t granted, the foreigner can appeal to the appropriate Court of Appeals. An unfavorable hearing decision can be appealed by the immigration service, but cannot do this with the BIA. The immigration service or the foreigner can appeal the appellate court decisions to the United States Supreme Court.
Get Legal Support with Your Deportation Issue
In the US, deportation is a critical matter which can be tough for immigrants. If you or your love ones faces a potential eviction or deportation, it is advisable to get an immigration attorney to protect your rights and discuss your case. You can check here if you decided to look for legal support.