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Legal reasons a U.S. Immigrant may be deported

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The United States President Donald John Trump sparked controversies with his recent executive orders against immigrants from seven Muslim-majority countries.

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Although the country’s judicial arm of government presented challenges to these laws, here’s what every potential traveler must know.

The US laws have provisions upon which a green card holder, non-citizens or illegal immigrants can be deported.

Any resident in the country may be arrested by U.S. immigration authorities for several reasons, and deported to his or her country of origin. This may first start with the fact that he or she does not possess the required legal rights to live in the country.

Some outstanding reasons for deportation of immigrants are; illegally crossing the border and staying beyond one’s visa period.

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Good news is, defaulters also have a provision in the laws which allow them a temporary right to remain in the country. This legal right may, in some circumstances, be denied even to those with valid visas or a green card.

Here are a few reasons for deportation of immigrants in the United States:

1) Failure to Obey the Terms of Your Visa or Otherwise Maintain Your Status

If you are in the U.S. as a nonimmigrant (most likely with a visa), various conditions apply to your stay. For example, if you’re a tourist, you’re not allowed to work. If you fail to abide by these conditions and maintain your nonimmigrant status, you become deportable.

2) Failure to Advise USCIS of Change of Address

It sounds harsh, but it’s a crime for immigrants not to submit immediate notifications to U.S. Citizenship and Immigration Services (USCIS) of their changes of address. You’ve got ten days. Use the “Online Change of Address” form on the USCIS website.

3) Commission of a Crime

According to Ilona Bray, a US lawyer, some crimes — though not all — can result in an immigrant’s becoming deportable from the United States.

The full list is at Section 237(a) of the Immigration and Nationality Act, or I.N.A.

For example, crimes that can get a green card holder or nonimmigrant deported include alien smuggling, document fraud, domestic violence, crimes of “moral turpitude,” drug or controlled substance offenses firearms trafficking, money laundering, fraud, espionage, sabotage, terrorism, and of course the classic serious crimes such as rape, murder, and any other “aggravated felonies.”

Ilona warns, ‘Be aware that, if you are convicted of a crime, the court is not likely to label it a “crime of moral turpitude” or an “aggravated felony.” You may simply be told that the crime is classified as, for example, a “misdemeanor” in your state.

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‘However, the immigration authorities will make their own judgment about how the crime is classified for immigration law purposes, with the result that certain misdemeanors can, in fact, make you deportable.’

4) Violation of Immigration Laws

Someone who violates the immigration laws by, for example, participating in a fraudulent marriage or helping smuggle other aliens into the United States, may be found deportable.

 

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