What Is Deportation?

What Is Deportation?

According to the laws issued by the government, deportation is a way of removing an alien from the United States due to the violations of a number of immigration laws or criminal laws. When a person is deported, they may lose the right to ever return to the States, even as a tourist or visitor.

Deportation is a legal procedure in which the person being “removed” has the right to challenge the decision on procedural or constitutional grounds. Basically, if you are in the process of being deported, you have the legal right to seek legal protection and to challenge that decision. If you ever find yourself in that situation, be sure to consult with our Salt Lake City deportation removal defense lawyers as quickly as you can. Start by scheduling a free consultation, and learning the basics about deportation and why that is happening to you.

Here is how it usually works.

Reasons for Deportation

There are many reasons why an alien could get deported from the United States. Some of them include the following:

  • Violation of the Immigration and Nationality Act
  • Violation of any other U.S. law
  • Violation of non immigrant status or condition of entry in the United States
  • The person got engaged in unlawful voting
  • The person got engaged in any activity that endangers public safety or creates a risk of national security
  • The person got engaged in marriage fraud (to gain access to the U.S.)
  • The person got engaged with or aided an alien to enter the United States illegally
  • The person was convicted of a criminal offense
  • Termination of conditional permanent residence

If and when the above-mentioned situations occur, the person can get deported immediately. They will be notified and will be given a chance to defend themselves in court. However, without great legal representation and a strong case, there are little to no chances of avoiding deportation. Be sure to try and hire some of the best attorneys in the state if you get caught in the deportation process. If you have no attorneys in mind, contact our deportation removal defense attorneys in Salt Lake City at Familia America Immigration today and receive a free case evaluation.

The Process of Deportation

Most people believe that deportation is instant. That is not the case, as there are many things preceding deportation. Here is how the process goes:

  • The U.S. Immigration and Customs Enforcement issued a Notice to Appear (NTA) to the alien, filed with the immigration court. (it contains general information such as name, country, origin, ethnicity, and the reasons for the deportation or removal)
  • A hearing is scheduled; at the hearing, the judge will ask the alien if they need more time to secure an attorney or if they are ready to proceed with the case
  • After obtaining legal help (an attorney), an alien will be asked to verify the content of the NTA
  • If the judge determines that the violations of the NTA are true, the alien will be given a chance to apply for any form of relief from deportation before being actually deported.
  • If the deportation has been ordered, the alien has no more than 30 days to appeal the decision. If the appeal is unsuccessful, the alien will have to leave the country (or be forced out of it).