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Deportation and Removal Defense
he United States (U.S.) Immigration laws are one of the most complex and difficult areas of law with constant changes and new developments. The U.S. Immigration laws are governed by Federal Statute and Regulations.
Do only hardened criminals and dangerous felons will have to worry about being deported? No.
Because of the harsh provisions of Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA), even relatively small misdemeanors can lead to one's removal from the United States, no matter how long he or she has been a lawful permanent resident. Depending on the wording of particular statues violated, shoplifting (petty theft), drunk driving, "joy-riding," etc. can all be a basis for a removal proceeding. Nor does it matter how long ago the act took place; you could have shoplifted 20 years ago as a youthful prank.
The law also allows for the deportation of aggravated felons. The problem is that the term "aggravated felony" is defined differently and much more broadly under immigration law than under state criminal law. Worse, what may not have been an aggravated felony or even a deportable act under immigration laws at the time of the conviction may be so now. If Immigration and Custom Enforcement (ICE) succeeds in proving that an alien is an "aggravated felon" under immigration laws, he or she is left with extremely limited options to avoid deportation, not to mention mandatory detention.
I have no criminal record, so will I still have to worry about being deported?
Any violation of your status in the US can potentially result in your being placed in removal proceedings. These violations generally include staying beyond the period authorized, failing to abide by the conditions of your status, or entering without proper documents. An immigration violation is not dependent on how long the violation took place (e.g., one day of working without authorization, or of overstay) or the age of the alien (e.g., a baby brought in illegally by his parents, is still an immigration violator).
But I am married to (or am a parent of) a US citizen.
Being married to a US citizen, or having US born children, does not automatically guarantee that ICE will not try to remove you from the US. There is even a presumption that the marriage is a sham, entered into for purposes of obtaining the "green card," if it takes place after the removal proceedings have commenced.
How do I avoid being deportable?
We can advise you of the consequences of your intended action (divorce, change of employers, concurrent employment, etc.), or how to achieve your goal without negatively affecting your immigration status.
What should I do if the DHS/ICE wants to deport me?
Contact us immediately. The stakes involved in a removal hearing are very high, involving the risk of separation from your family and your community, of loss of your job, and of loss of your way of life.