What is the basis for being deported? What are the consequences of deportation?

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There are two types of visas: immigrant and non-immigrant. An immigrant visa is also known as a green card, granting you a permanent resident status. A non-immigrant visa is granted to people only staying in the country temporarily, such as for a vacation or to attend school.

Regardless of what you have, being deported can happen, and there are some reasons that are more common than others. In fact, some can be linked to confusion on the part of the immigrant or non-immigrant.

Misunderstanding or Disobeying Rules of Your Visa

There are laws that govern what you are allowed to do while in the United States with a green card or visa. For example, some visas prohibit you from taking a job while in the U.S., such as when you are visiting on a tourist visa. You must also leave by the required time, and not illegally extend your stay.

Overstaying is a common reason for deportation. It is very easy to get confused and think that the expiration date on the visa is the date that you must leave the county. In fact, the date is actually written on the Form I-94 Arrival/Departure Record.

You must notify the U.S. Citizenship and Immigration Services (USCIS) if you have changed your address from the one you used when you applied. This is a time-sensitive matter and must be done immediately upon moving in order to prevent deportation.

Physically losing your visa does not automatically cancel it, nor is it grounds for deportation. However, you do need to get a replacement immediately.

Canceled Without Prejudice

If there's been a minor mistake in your paperwork, then the U.S. embassy or consulate stamps it with this cancellation status. While you are still eligible and able to apply for your desired immigration status, it does mean that yours is not approved until the corrections are made. This cancellation can happen at any time, including before your visit.

If A Person Intentionally Misuses Their Visa

When a visa is granted, the United States government is putting faith in the individual to abide by the guidelines for their stay. However, if it is discovered somehow that they plan to use their visa to gain some sort of advantage from the U.S. government, intentionally overstay their visit, or if the U.S. consulate discovers that an immigrant previously misused a visa, then those would all be grounds for deportation.

Grounds for Deportability

Section 237 of The Immigration and Nationality Act (INA) outlines the grounds for deportability, or that people in the United States without permission can be deported. Generally, if a person is found guilty of committing a felony, then they will face deportation. The following list of criminal activity can be grounds for deportation:

●      Trying to smuggle other aliens into the country

●      Gaining legal status through illegal means, such as marriage fraud or with fraudulent papers

●      Having a history of visa misuse

●      Committing crimes of moral turpitude

●      Engaging in terrorist activities

●      Money laundering

Why You Need An Immigration Lawyer

The process of applying to legally enter the U.S. is very complex. This is why it is imperative to have an immigration lawyer review your paperwork before you apply so you can prevent some of the more common ways of being deported.