Grounds for Deportation From the U.S.
If you plan on coming to the United States, you must apply for a nonimmigrant visa or file an immigrant petition to have legal permission to enter the country. Nonimmigrant visas are typically very specific to your visit, such as for educational, business, or even tourist purposes. Additionally, these visas come with expiration dates that you must follow. If you fail to leave after the expiration of your visa, come to the U.S. illegally, or commit a crime, you can be forcibly removed from the U.S., or deported.
There are several reasons why a person may be subjected to deportation from the United States. You may be forcibly removed from the country for the following reasons:
If you are deported, you can face additional consequences besides your forced extraction. In 1996, a bill called the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, or IIRIRA, reformed past legislation regarding deportation. Now, people who are found to be in the U.S. illegally can be barred from applying for visas or filing immigrant petitions for a period of three or ten years after being deported. Someone who remains in the U.S. for more than 180 days but less than a year can face three-year banishment, while anyone staying more than a year can be barred access for ten years.
However, IIRIRA also permits some individuals to participate in what is called "voluntary departure" to avoid full deportation and the banishment period. You may be eligible for this voluntary departure if you meet the following requirements:
If you are facing deportation and need help with your immigrant or nonimmigrant visa, an experienced attorney may be able to help you with your case. To learn more about your legal options, contact a knowledgeable immigration attorney. With the help of an attorney, your chances of successfully applying for and receiving the visa you need will be improved greatly.
There are several reasons why a person may be subjected to deportation from the United States. You may be forcibly removed from the country for the following reasons:
- If you allow your visa to expire and do not make plans to vacate the country
- If you no longer meet the requirements of your nonimmigrant visa
- If you are in the U.S. illegally
- If you commit crimes against other people or the government (domestic violence, fraud, etc.)
If you are deported, you can face additional consequences besides your forced extraction. In 1996, a bill called the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, or IIRIRA, reformed past legislation regarding deportation. Now, people who are found to be in the U.S. illegally can be barred from applying for visas or filing immigrant petitions for a period of three or ten years after being deported. Someone who remains in the U.S. for more than 180 days but less than a year can face three-year banishment, while anyone staying more than a year can be barred access for ten years.
However, IIRIRA also permits some individuals to participate in what is called "voluntary departure" to avoid full deportation and the banishment period. You may be eligible for this voluntary departure if you meet the following requirements:
- Presence in the U.S. for at least a year before receiving notice of potential deportation
- Ability to prove good moral character for the past five years
- No specific grounds for deportations
- Specific plans and ability to leave the U.S.
If you are facing deportation and need help with your immigrant or nonimmigrant visa, an experienced attorney may be able to help you with your case. To learn more about your legal options, contact a knowledgeable immigration attorney. With the help of an attorney, your chances of successfully applying for and receiving the visa you need will be improved greatly.
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