Tag Archives: permanent residency

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

US Citizenship Eligibility Requirements

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U.S. citizenship requirements states that, you can obtain U.S. citizenship either by birth or by law. You acquire U.S. citizenship by birth, if you were born in the U.S. or if your parents are U.S. citizens. Obtaining U.S. citizenship by law is through naturalization.

Per USCIS, you must meet the U.S. citizenship requirements to apply for citizenship. The U.S. citizenship requirements include the continuous physical presence requirements and certain general requirements.

U.S. citizenship requirements

To be eligible for U.S. citizenship, the following U.S. citizenship requirements should be satisfied:

  • You should be at least 18 years old.
  • You should be a lawful permanent resident of the United States.
  • You should have resided in the U.S. for at least three to five years and half of the time should be spent in the U.S.
  • The U.S. citizenship requirements states that, if you are married to a U.S. citizen, you can apply for U.S. citizenship after three years of residence in the United States. All others can apply for citizenship only after five years.
  • You have resided in the U.S. from the time you filed your application for U.S. citizenship.
  • You should take an oath, that you are attached to the U.S. constitution.
  • You should have proficient knowledge and fluency in English.
  • You should have knowledge concerning the history, role and functioning of the U.S. government including answering 10 of the 100 possible Citizenship Test Questions
  • You should not be involved in any crime.
  • You should meet the continuous physical presence requirements

Continuous physical presence requirements

If you are married to a U.S. citizen, the following continuous physical presence requirements should be met:

  • You should live physically with your spouse.
  • You should have lived together with your spouse for at least three years before you apply for U.S. citizenship and take the naturalization examination.
  • You should have been physically present in the U.S. for at least 18 months.
  • You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.
  • Your spouse should be a U.S. citizen during the period you have applied for citizenship till the date of examination.

The following are the continuous physical presence requirements for those who are not married to a U.S. citizen:

  • You should have been physically present in the U.S. for at least 30 months.
  • You should have been residing continuously for the past three months in the state from where you will apply for U.S. citizenship.

Physical presence is different from Continuous residence. Physical presence is the number of days you were physically present in the U.S. Continuous residence is the time you resided lawfully in the U.S. without any long absence. If you are physically absent from the United States for one year, you will lose your continuous residence requirement, unless the absence is excused. The U.S. citizenship process is not easy, you have to meet the above requirements to be eligible to apply for citizenship.


Guest Post Author

Immigration Direct is not legal advice site, but its a place for all immigration related issues. Where in you can fill the forms on Visas, Green card Renewal, Naturalization, Student Visa, Work Visa, Tourist Visa, etc. We will make sure your form is 100% error free, before you submit to USCIS.