What Are the Most Common Reasons for Deportation From the USA?
Deportation is a common occurrence in the United States. In fact, this 2023, immigration judges have over 158,000 deportation orders that have been issued for removal and voluntary departure for immigration violations.
For someone who wants to stay in the U.S., deportation is a terrifying prospect. To prevent this from happening, it’s important to know why people are often targeted for deportation. We've listed some of the common grounds for deportation below. Make sure to read and make each of them your guide.
1. Not Obeying the Terms of Status
Those who entered the United States on a visa or green card must follow certain rules and regulations. For example, travelers must keep their immigration documents up to date, abide by immigration laws, not commit serious crimes and not engage in activities that threaten homeland security.
Another example is for someone who has F1 Student Visa, they must maintain their student status by attending a university and abiding by the terms of their visa. After their full-time study course, the holder of the said visa will need to leave. If they wish to stay in the country, they must renew or apply for another visa type which will enable them to stay in the country.
In addition, tourists with B2 Visas are required to leave the United States after a certain period of time and are not allowed to engage in employment activities in the United States.
2. Criminal Acts
Another common reason for deportation is criminal acts. Committing a crime of moral turpitude allows the U.S. government to deport a person, regardless of their immigration status. Usually, these crimes are serious in nature and involve violence or fraud. Examples of such crimes are murder, rape, fraud, and theft. Drug-related offenses are also considered to be grounds for deportation, even if they are considered "minor" offenses.
Other samples include:
Smuggling of humans
Crimes against children
3. Marriage Fraud
This is a common occurrence for many immigrants to swiftly adjust their immigration status. While it is possible for them to be granted a green card when they marry a U.S. citizen, it is illegal to knowingly enter into a fraudulent marriage with the goal of changing one's immigration status.
For the marriage to be valid under United States laws, it must be a real marriage and not just for the purpose of obtaining immigration benefits.
For that to happen, there needs to be evidence that the couple is living together and sharing financials, bills, and responsibilities as if they were a married couple.
To further determine the authenticity of the marriage, authorities will visit both parties and ask questions to confirm the relationship. If there is any doubt that this is a fraudulent marriage, the immigrant may be deported for marriage fraud. But that's not the worst part. Acquiring future visas and green cards may be difficult for the person who was found guilty.
4. Violations of Immigration Laws
As an immigrant, there are specific laws that must be followed. Violations of these laws can lead to deportation. This includes:
Documentation Fraud: Entering the United States without proper immigration documents or using false documents to gain entry.
Staying beyond the authorized period of stay: Staying in the US beyond the validity of a visa, or not adhering to the terms of status granted upon entry.
Illegal Entry: This can be anything from crossing the US border without proper authorization to overstaying a visa.
If found to engage in any of these said activities, an individual may be subject to deportation or if in the process of getting a visa, will be denied and asked to leave the US.
5. Failure to Disclose Address Change
While this may seem a light offense and most of the time trivialized, it is still an important law to follow. Immigrants are required to report any address changes within ten days of moving.
This can be anything from relocation due to job changes or moving to a new state. Failing to report the address change can lead to severe immigration consequences, including deportation.
It is essential for immigrants to understand the rules and regulations surrounding their immigration status and take steps to ensure they are compliant.
Can You Come Back to the U.S. After Being Deported?
Depending on the reason for deportation, some individuals may be allowed to return to the United States. However, this can be difficult and will require additional processing time. Also, the wait time may be long, depending on the circumstances. This can be as short as five years to as long as 20 years before they can be reconsidered for a visa.
For unfortunate ones who committed a serious crime, they may never be allowed to return to the United States.
While it is possible to be deported from the United States, there are steps that can be taken to avoid this. Make sure to adhere to immigration laws, keep your documents up to date, and be informed of the changes in immigration policies.
Being aware of the common grounds for deportation will also help you to remain in compliance and avoid any unnecessary issues.
Deportation can have a significant impact on an individual’s future, so it’s important to understand the laws and possible consequences of any criminal activity or violations of immigration laws.
If you are planning to apply for a visa or green card, make sure to consult with an experienced immigration attorney to ensure you will not face any green card unnecessary issues. Westover Law Firm offers experienced immigration attorneys who will help you understand your rights and provide the best legal representation.