If you face deportation proceedings, they are very serious. You should have representation by competent legal counsel who is very familiar with the complexities of immigration law.
An immigration judge order deportation, based on evidence of violation of immigration laws and other negative factors. Deportation is now officially called “removal.” Once a judge orders it, the U.S. Immigration and Customs Enforcement department carries out the task.
Some of the common causes for a judge to issue an order for “removal” of a person include:
- Criminal activities and criminal convictions in the United States. Even some minor misdemeanors can get someone deported.
- Failure to maintain legal status to be in the United States.
- False representations on immigration applications and forms.
- Submitting fraudulent or fake documents to the USCIS.
- Working illegally (working in the USA without having a Green Card).
- Failure to notify USCIS immediately of a change of address by filling out a change of address notification on the USCIS website.
- Violations of immigration laws, like having a “sham” marriage or helping smuggle illegal aliens into the United States.
- Receiving public assistance (including food stamps) within the first five years of being in the USA. Immigrants are not supposed to use public assistance at all, unless they can prove something changed their condition, after they came to the United States, like an on-the-job injury that happened in the USA.
Immigration Judge’s Discretion
A decision to make an order for removal is not automatic. The immigration judge considers many things such as these positive attributes:
- Other family members in America
- How long a person has been in the USA
- Any hardships that would occur to the person of their family from removal
- Service in the U.S. military
- History of employment
- Property ownership or business
- Effort made in service to the community Service
- Rehabilitation from criminal activities
- Moral character that is good
- Circumstances that caused the hearing for removal to occur
- Violation of Immigration laws
- Multiple criminal convictions
- Moral character that is bad
Negative attributes include:
Removal is very serious and prevents a person from ever returning to the United States. It is important to have an attorney represent you to prepare a strong deportation defense. Even when a judge issues an order for removal, there is still a chance, under certain circumstances, to appeal the decision.
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