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Reasons you can be deported and how the process goes

Individuals who are most at risk for being deported are those who had their immigration status adjusted or were considered inadmissable under standing U.S. immigration laws at the time they entered the country. Anyone who is deemed to not have acted in alignment with what's allowed under their entry conditions or immigrant status may be at risk for deportation as well.

If a person, who has been awarded conditional residency in the U.S., takes some proactive steps to terminate his or her residency, then he or she is likely to be deported. The same applies in cases in which an individual has rendered assistance to help another come illegally to the country. This includes becoming engaged or marrying someone fraudulently.

Convicted felons, including those found guilty of illegal voting or engagement in activities that threaten national security or public safety, risk deportation. The same applies in cases in which an individual is found to have falsified documents used to enter the United States.

One of the first steps in the deportation process is for the U.S. Immigration and Customs Enforcement (USICE) to send a Notice to Appear (NTA) to the immigrant. That document will contain a summons to appear in court and the reason the deportation is being considered.

At that first hearing, the immigration judge will seek to determine whether the individual has an attorney or needs time to get one. If he or she wants one, then proceedings will be postponed to a future date. An immigrant can choose to forego the use of an attorney as well.

After verifying that the NTA reasoning is accurate, a judge will enter a deportation ruling in the case. The immigrant can then apply for a relief of deportation if he or she is unhappy with the judge's ruling. If his or her request for an injunction is approved, then a new hearing will be set. At the hearing, witness testimony will be permitted.

If the judge confirms his or her original deportation order, then there's still one more opportunity for an appeal through the Board of Immigration. This must be filed within 30 days of the immigration judge's deportation order being entered.

Depending on how the proceedings go, the deportation process has the potential of tearing families apart. Due to the complex nature of hearings, it's important that you seek out the counsel of an experienced Norcross immigration attorney to guide you in you legal matter.

Source: FindLaw, "Deportation," accessed Oct. 27, 2017

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