Tag Archives: uscis

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

Refugee or Asylum Seekers Criteria for US

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The US Immigration Policy on Asylum Seekers is a comprehensive report on the fundamentals of the US asylum policy. Individuals may seek asylum to the US if they are in fear of being persecuted because of their inclusion in a social group, nationality, political viewpoint, race, or religion. Other highlights of the US asylum policy guidelines can be found in this report.

Asylum Proceedings

The two methods for seeking asylum are an affirmative asylum proceeding and a defensive asylum proceeding. Aliens already in the US apply for asylum with the US Citizenship and Immigration Services through an affirmative asylum proceeding. This method entails a USCIS officer to review the application, the testimony of the alien, and the condition of the country the alien is seeking asylum from.

A defensive asylum proceeding is sought through the Executive Office for Immigration Review during a deportation proceeding. If an individual seeks asylum at a US port and expresses a fear of persecution, their application will be considered through the defensive asylum proceeding if he or she is deemed credible.

Aliens seeking asylum must begin apply within one year of their entry into the US unless there is a change of circumstances which can cause the time period to change. Approximately 1,000 asylum cases are allowed in the US per year.

Current policy dictates the distinction between credible fear of persecution and a well-rounded fear of persecution the alien may claim. Credible fear is a significant amount of fear demonstrated by the alien which can be substantiated.

Reasons to be barred from Asylum

Aliens can be barred from asylum because of the following reasons:

• The alien has resided in another country before arriving in the US;
• The alien had participated in any way in the persecution of another person;
• The alien had been convicted of a serious crime,
• The alien would pose a security threat; and
• The alien belongs to a terrorist organization or has engaged in terrorist activity.

Guest Author

Kenneth G. Wincorn, P.C
Dallas immigration attorney