When the thought of immigration to The United States comes to mind, deportation has also become synonymous to many people. Deportation can come as a result of a criminal conviction and even to those with a clean record. Below you’ll find a guide to the most common grounds for deportation, as well as how you can fight to stop it.
Though someone can be deported due to a criminal conviction, not all convictions warrant deportation. Here are some examples of convictions that do allow for deportation:
- Aggravated Felonies: This includes crimes such as murder, drug trafficking, money laundering (involving over $10,000), firearm or explosive trafficking, crimes of violence or theft with a sentence of at least 1 year, rape or sexual abuse of a minor, fraud or tax evasion worth $10,000 or more, obstruction of justice, among others.
- Drug Convictions: Immigration can start a deportation case against anyone for any drug conviction unless the conviction is for simple possession or personal use of 30 grams or less of marijuana. Deportation can also occur for being addicted to or abusing drugs even if you don’t have a conviction.
- Moral Turpitude: Examples of moral turpitude crimes are theft, murder, voluntary manslaughter, and crimes involving vileness, such as rape or other certain sexual crimes. An individual can be deported for one of these crimes if they have been committed within 5 years of admission into the U.S.
- Firearms Conviction: This mainly consists of the unlawful possession of a firearm.
- Domestic Violence Crimes: An individual can be deported for conviction of domestic violence, stalking, child abuse, child neglect or abandonment, or the violation of a protection order.
After being deported due to a criminal conviction, a person must wait 5 or 10 years, depending on the case, before being eligible to legally return to the U.S. After a second deportation, however, the wait is increased to 20 years.
If you are unsure if you have a criminal conviction that is classified as any of the above examples, you are able to ask for a copy of your criminal record from the state where you have a conviction.
Deportation Without A Criminal Conviction
Even though criminal convictions are some of the most common reasons for deportation, an individual can still be deported without any criminal convictions. Here are some of the main reasons as to why an individual could be deported without a criminal conviction:
- Overstaying a visa
- Committing marriage fraud
- The individual is considered a threat to the United States
- Voted unlawfully
- Falsely claiming to be a United States citizen
You cannot be removed from the United States without due process of law. This involves a hearing before an immigration judge that will review the evidence brought against you and determine whether you have broken immigration law. This judges’ decision will either allow you to stay in/gain entry into the U.S. or deny your entering or remaining in the country.
There are several ways in which removal can be prevented, and make sure your rights remain intact. Some of these include:
- Cancellation of Removal and a Waiver
- Applying for Asylum
- Adjustment of Status
- Cancelling or Suspension of Removal
- Voluntary Departure
Contact Our Greer Deportation Attorneys Today
At Colón Law Firm, we understand the gravity of the situation you find yourself in. No one should ever have to face removal on their own without the proper tools equipped to fight for their rights.
We are committed to fighting compassionately and aggressively on your behalf to help get you through this time of need. With so much at stake, there is no time to waste when it comes to defending against removal. Every minute counts, and we are committed to assisting you every step of the way.
If you or a loved one is facing removal, do not hesitate to contact us today through our website, or give us a call at (864) 697-2870!