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No matter what your immigration status is, you may not be 100% protected from deportation. Being flagged by U.S. immigration authorities for removal is a scary situation. However, knowing the common reasons for deportation and staying educated about the deportation process can help you stay protected. Here are are the top reasons for removal:
Conviction of a Crime
Being convicted of a crime is the number one reason why immigrants face removal proceedings — even if they may be a legal permanent resident. However, certain crimes may be eligible for a 212(H) waiver that can avoid deportation such as:
- Crimes of moral turpitude (i.e., fraud, larceny, intent to harm a person)
- Prostitution
- Conviction of more than two offenses with an aggregate sentence of more than five years
- Conviction of 30 grams of marijuana or less
If you have been convicted of a crime, but are not sure if you are eligible for a 212(H) waiver, consult an immigration attorney
Marriage Fraud
Applying for a marriage green card can be a complicated process, and you must meet specific eligibility requirements. The U.S. Citizenship and Immigration Services (USCIS) reviews marriage green card applications with much scrutiny to determine if it fits the description of a "sham marriage.” A sham marriage is defined as a marriage that is entered into as a way to evade U.S. immigration laws. Not only can it lead to deportation, but it’s also a federal crime.
Immigration authorities may look for the following signs to determine if a marriage is is real:
- Large age gap between the two spouses
- Each spouse does not speak each other's language
- Immense difference in cultural and ethnic background
- Family and friends are unaware of the marriage
- A third party arranged the marriage
- The marriage happened immediately following the beneficiary's notice to depart the U.S.
- Discrepancies in statements and answers to questions during the interview in which a husband and wife should have common knowledge.
- Spouses have not lived together since marriage.
- The beneficiary is a friend of the family.
- The petitioner has filed previous petitions on behalf of aliens, and especially prior alien spouses.
False Representation of a U.S. Citizen
Foreign nationals who pretend to be a U.S. citizen to receive benefits can face serious consequences such as deportation and other criminal penalties. Whether intentional or unintentional, an immigration waiver may be an avenue that can save you from deportation. If you are facing deportation for false representation, contact an experienced immigration attorney for assistance as soon as possible.
Illegal Entry Into the United States
Entering the U.S. without being inspected by an immigration or border patrol officer can be grounds for deportation. However, there may be options for someone who has entered the U.S. illegally to remain in the United States, but the process is extremely complicated. If you've entered the U.S. illegally, an immigration attorney will be able to guide you in the proper direction to rectify your situation.
For all your immigration matters contact Yekrangi & Associates today at (949) 478-4963. Having a skilled immigration attorney on your side can make all the difference.