For many foreign nationals, coming to the U.S. to live and work is their main goal in life. When an individual is granted a nonimmigrant visa or green card, they are afforded the right to be present in the U.S. However, to remain in the U.S., they must follow certain regulations and avoid violating specific laws. After accomplishing your dream of coming to the U.S., it may be distressing to find your time in the country cut short because you’re facing deportation or removal proceedings. There are grounds under which a person who is not a citizen of the U.S. can be deported back to their home country. If you or a loved one is facing deportation, you need our experienced Essex County Deportation Defense Attorneys to help you navigate your legal options and challenge the charges against you.
What is Deportation?
Firstly, deportation refers to the government removing an individual from the U.S. and sending them back to their country of origin after a breach of immigration law. Anyone who is not a citizen of the U.S. and is lawfully present in the country, whether they hold lawful permanent residence (green card holders) or have a nonimmigrant visa that authorizes a temporary stay in the U.S., can face deportation. Similarly, anyone who is present in the U.S. without the proper legal documents or otherwise is an undocumented immigrant can be deported. The following include but are not limited to some of the grounds for which an immigrant may be deported from the country:
- Noncompliance with U.S laws
- Violating the terms of your visa (overstaying your visa, failing to remove the conditions of your green card, etc.)
- Illegal entry into the country
- Committing a crime of moral turpitude or a felony offense
- Committing marriage fraud
- Suffering from drug addiction or abuse after being admitted to the U.S.
- Participating in federal, state, or local elections
- Participating in or becoming likely to participate in terrorist activities
- Providing false information to immigration authorities
- Entering the U.S. with forged travel documents
- Committing human smuggling or trafficking
- Becoming a public charge (dependent on the U.S. government)
As you can see, there are various reasons why an immigrant can be deported. Therefore, you must avoid violating U.S. immigration laws and regulations.
Can a Deportation Order be Appealed?
If you or a loved one has received a Notice to Appear (NTA), you will be provided instructions to appear in immigration court. During your initial hearing, you will be authorized to retain legal counsel to respond to the charges against you. From here, you will face a second hearing in which you will provide evidence to the judge demonstrating why you should not be removed from the country. Sometimes, an individual may face an expedited removal process, relinquishing their right to a hearing. Nevertheless, you can appeal a deportation order by filing Form EOIR-29, Notice of Appeal to the Board of Removal Appeals from an Immigration Officer’s Decision). This will be filed with the office that decided on the petition.
If you need help appealing a deportation order, please don’t hesitate to contact a determined attorney from the Law Offices of Christopher T. Howell, Esq., who can help you fight your charges and protect your rights.
