Tag Archives: deportation

Deportation of a Foreigner or Immigrant from the US

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(also see recent H1B Deportation news)

When a foreign national chooses to visit or stay in the United States on visa status or as a permanent resident, he or she must abide by certain laws and regulations in order to remain in the country legally. If an individual who is not a U.S. citizen fails to abide by these terms, he or she may be ordered to leave the country.

The process of requiring an individual to physically leave the country is known as deportation. If you are visiting the U.S. temporarily or living in the country as a permanent resident, it is important to know the laws that regulate deportation.

Visa Requirements

A person who is visiting the U.S. on visa status must adhere to certain rules and restrictions to avoid nullifying the visa. Some of the key requirements to consider include:

  • There are specific visas for different groups of applicants, and a person must keep the same status during their stay in the U.S. in order for the visa to remain valid. For example, a foreign national visiting on a student visa must remain in school to remain in the country legally under his or her visa.
  • If the expiration date is approaching for a visa, the applicant must re-apply to remain in the United States.
  • An individual may not legally remain in the U.S. if his or her visa has expired.
  • A foreign national may be required to return to his or her home country in order to re-new a visa and legally re-enter the U.S.

A violation of any of these terms can be grounds for deportation by the U.S. government.

Criminal Grounds for Deportation

Any non-citizen staying the country may be deported if he or she commits a qualifying crime. This applies to visa holders and permanent residents alike. The criminal offenses that may lead to deportation include the following:

  • Crimes against a person (murder, manslaughter, rape, kidnapping)
  • Domestic violence crimes
  • Sexual offenses
  • Crimes against the government (counterfeiting, mail fraud, bribery, tax evasion, perjury)
  • Fraud crimes
  • Drug crimes
  • Firearms offenses

If you have committed any of the above crimes, your legal permit to remain in the U.S. may be nullified and you may be forced to leave the country. The laws and regulations for visas and permanent residency can sometimes be confusing, and it can be easy for a person to accidentally disqualify himself or herself and risk deportation. If you have questions regarding the rules of your visa, permanent residency, or renewing or changing your legal status in the U.S., consider consulting with an experienced immigration lawyer as soon as possible.


Guest Post Author
Garg & Associates, P.A.
Orange County immigration

How You Can Lose You Green Card or PR Status

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It is with great difficulty that an immigrant acquires the status of permanent residence in the United States. But this does not mean that an immigrant should act indifferently once he gets his permanent resident status. Once obtained, he has a greater responsibility of maintaining that status. This is because it takes only moments to wash away all the hard work that has been put in to acquire that status.

The most important of all the reasons for the loss of a permanent residence status is indulging in any form of criminal activity. No government of any country can tolerate its immigrants adding to the crime rate. It is similar with the United States government.

Being a law abiding society, it is but obvious that all the permanents of the United States are to follow the laws of the country. If any of the immigrants are convicted for any form of criminal activity or practice activities that are considered a crime in the United States or any other country, which would pose a barrier to their status. The immigrant would instantly be deported back to his native country and would not be permitted to enter the United States ever again.

Some of the following criminal activities that could hamper the permanent residence status of an individual include the following:

  • Any form of violent activities and the punishment of such crimes include a minimum of a year of service in the prison.
  • Committing murder.
  • Activities involving terror which would may pose a threat to the local population.
  • Rape, molestation and sexually assaulting women and children.
  • Illegal dealings in arms, drugs and human trafficking.
  • Sexual misconduct, causing physical harm, any fraudulent practices which have led to loss or damage to people and property.
  • Threatening someone for one’s own means as well as reckless behavior.

Additionally, there would be a serious outcome incase of the following:

  • Providing with false information and lying to get immigration benefits.
  • Claiming to be a citizen of the United States when the immigrant is actually not.
  • Participating in elections – federal or local, that is only permitted to the citizens of the United States.
  • Indulging in drinking or being a habitual drunk as defined by the US immigrant department as well as using drugs illegally.
  • If an individual is married to two people at a given period of time.
  • Neglecting the responsibilities of supporting the family.
  • Found to be practicing domestic violence.
  • Not filing tax returns on time.

In case an individual has been involved in any of the above, the first thing that he must do is to contact an immigration lawyer or any community based organization which provides legal support to these immigrants.


Guest Post Author

Ajay Sharma