Sergiy Fedorov, immigration attorney in Sacramento, California:
Common Reasons for Deportation
People may be removed from the U.S. for a number of reasons. Some of the more common reasons for removal are listed below:
- Noncompliance with the terms of a visa
- Marriage fraud
- Conviction of certain crimes
- Entering without inspection
- Overstaying a visitor’s visa
- Providing false information or documentation in an immigration or non-immigrant visa application
- Violating a protective order
Fortunately for people facing removal or deportation, there are often many ways I can help. One of the primary rights of a person facing removal proceedings is the right to an attorney.
Removal proceedings are initiated by the issuance of a Notice to Appear (NTA), which outlines the reasons why the government believes that the individual should be removed from the U.S. While it can be disheartening to receive a Notice to Appear in immigration court for removal proceedings, know that removal is not imminent, the process may take months or years, and you may be entitled to a defense.
Common Defenses to Deportation
Some of the more common defenses to removal include the following:
- Applying for Asylum. If you fear of persecution in your home country based on race, religion, nationality, political opinion, or social group, you may apply for Asylum. Two related forms of relief are Withholding of Removal and protection under the Convention Against Torture.
- Adjustment of Status. In some cases, you may be able to adjust your status through a marriage, family relationship or through an approved employment based petition.
- Cancellation of Removal. There are two types of cancellation, one for lawful permanent residents and one for non-permanent residents. These cases would be heard before an Immigration Judge. If the Immigration Court rules in your favor, you may be able retain your green card, if you already have one, or be granted permanent residence.
- Deferred Action. Under certain circumstances, an individual may qualify for deferred action whether under a special program like Deferred Action for Childhood Arrivals (otherwise known as DACA) or through his or her own individual circumstances. In such a case, the government would defer pursuing removal of that person from the United States.
- Prosecutorial Discretion. In some cases, you may appeal to the government to administratively drop the removal case against you in light of its enforcement priorities and your individual circumstances.
- Voluntary Departure. Voluntary departure is a legal mechanism by which you agree to leave the United States without being ordered removed or deported.