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Contested Hearings: 5 Ways the Government May Try to Prove You Are Deportable

Contested Hearings: 5 Ways the Government May Try to Prove You Are Deportable

People come to the United States for many different reasons, some with the intention to stay only for a time, and others with the hope of becoming a citizen someday. Until someone is actually holding their citizenship papers in hand, however, there is always the risk of facing deportation by the government. There are many factors that can lead to a deportation hearing, but once scheduled to appear in court, it is important to know the different ways that the government may try to prove an individual is deportable. Inadmissible when Entering the US If the government can show that someone was not actually supposed to be able to come into the country at the time when they arrived, this can be grounds for deportation. This occurs when, for example, they find that the immigration paperwork was filled out improperly or fraudulently. It can also happen to people who came to the country illegally. Conditions of Status Violated Many people come to the US with a visa status that has many restrictions. When those restrictions are violated, they may be become “deportable.” A common example would be the spouse or children of a non-immigrant individual in America on a work or student visa. If the individual who was here for their job or education loses their employment or graduates from school, the entire family will fall out of status, will start accruing unlawful presence, and will become subject to deportation. Marriage Issues Many people come to America, fall in love, get married, and then want to remain in the US to live their lives. While the vast majority of these cases are authentic, some people try to ‘play the system’ by marrying someone who they don’t love just to try to gain citizenship. If the government can show that the marriage was fraudulent it can cause them to be subject to deportation. Also, if someone gets married two or fewer years prior to receiving a green card, and then gets the marriage terminated (or annulled) within the next two years, it can cause issues with their immigration status as well. Convictions of Crimes Certain crimes can cause a person to be put into removal or deportation proceedings as well. The following are some examples of criminal activities that can, if convicted, be used to justify deportation:
  • Crimes Involving Moral Turpitude– If someone commits a crime involving moral turpitude anytime within the first five years of arriving in the US.
  • Aggravated Felony– A conviction in an aggravated felony case at any point after someone arrives in the United States.
  • Fleeing an Immigration Checkpoint– Being convicted of fleeing an immigration checkpoint at ‘high speeds.’
  • Sex Offender Registration – Failing to complete registration as a sex offender.
  • Drug Offenses– A conviction of any drug trafficking (or attempting to traffic).
Failing to Apply for Extensions Many types of nonimmigrant visas come with a set expiration date. While some of these expiration dates are firm and can’t be extended, most of them allow for extensions to be granted. If the individual does not properly file for an extension, however, they are at risk of being deported. An Immigration Hearing Does Not Mean Automatic Deportation When an individual is told to appear at a deportation hearing, it is not certain that they will be forced to leave the country. During these hearings it is possible to present evidence against the claims of the government, or even seek alternatives to deportation (such as asylum or cancellation of removal). For those who wish to avoid deportation, it is important to have an experienced attorney fighting on their behalf. Contact Landerholm Immigration, A.P.C. to learn more about all your legal options.

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