Deportation is the removal from the United States of any alien that has been admitted to the United States upon an order of the Attorney General. To be deported the alien must fall within one or more of the classes of deportable aliens, which are outlined in INA § 237. These classes include aliens that were inadmissible at the time of entry or of adjustment of status or violated status; committed criminal offenses; failed to register and falsified documents; inadmissible based on security and related grounds.
Aliens are considered inadmissible at the time of entry or adjustment if they are present in the U.S. in violation of the law, violated nonimmigrant status or a condition of admission, terminated their conditional permanent residence, or took part in marriage fraud. Additionally, an alien may be deportable if prior to the date of entry, at the time of entry, or within 5 years of the date of entry knowingly has encouraged, induced, assisted, abetted, or aided any other alien to enter or to try to enter the U.S. in violation of the law.
Deportation is appropriate when an alien has committed at least one of the criminal offenses listed in INA § 237. The term conviction, for purposes of deportation, is any formal judgment of guilt or adjudication of guilt. It is important to know that a withhold of adjudication is considered a conviction for the purposes of deportation. The crimes for which one can be deported are: crimes of moral turpitude, multiple criminal convictions that do not arise out of a single scheme of criminal misconduct, convicted at any time after admission of an aggravated felony, drug abusers and addicts, failed to register as a sex offender, has committed firearm offenses, and committed crimes of domestic violence and protection order violators. In deportation proceedings the Immigration officers can question behavior that goes back five years from the date of the initiation of the deportation proceedings.
An alien may be deported under the failure to register and falsification of documents section if they commit document fraud by being untruthful in their citizenship application and by falsely claiming citizenship. To be deported under the security and related grounds and alien must be found to have supported or was affiliated with terrorist activities. Similarly to the criminal convictions ground, the Immigration officers can go back five years to examine whether the person should be deported or not.
Contact our Miami-Dade County Immigration Procedure Attorneys
Contact our South Florida employment based visa attorneys at 305-222-7351, toll free at 1-844-VARI-LAW, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County immigration questions and issues.
Our Miami Immigration lawyers accept immigration law cases in Miami-Dade County, Broward County and Monroe County.
Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.