FAQs About Deportation

by Frank

Immigration is a hot button issue that has a direct and indirect impact on millions of people. Many people believe that only non-citizens who are in the country illegally are eligible for deportation. However, non-citizens who entered legally could face deportation, too.

What Circumstances Could Lead to Deportation?

A non-citizen who has entered the country illegally is automatically eligible for removal. Once discovered by the United States Citizenship and Immigration Services, or USCIS, removal proceedings can occur.

Non-citizens who are legally in the United States could face removal for several reasons. For instance, if a person failed to obey the terms of his or her visa. Committing certain crimes could also lead to removal.

Violating immigration laws can even result in deportation. For instance, a person who helps to smuggle in others illegally into the country could be removed.

Is Hiring an Immigration Attorney Necessary?

In certain situations, hiring an immigration attorney can help to avoid removal. For instance, a person who wants to apply for a waiver or asylum needs an attorney. The procedures to apply for both are complex and an attorney can help with navigating the complicated legal system.

An attorney is also necessary if a person has been notified that he or she has a removal hearing scheduled. A judge will hear the case and there is a possibility that a temporary stay might be granted while the person pursues legal methods of remaining in the country.

If you think an immigration attorney would be helpful, consider shopping around before hiring an immigration lawyer for your case. Once you figure out the attorney you want to go with to represent your case, it’s important to ask them questions so that you can remain comfortable.

  • For one, it’s important to ask whether your lawyer specializes in visas, family deportation, green cards, or other sectors of immigration law. You want to be sure your lawyer is equipped to handle the specifics of your case.
  • It’s also great to ask potential lawyers how many cases they have handled that are similar to or the same as your own. This ensures that they have the right skillset to argue for you.

Are There Situations in Which an Attorney Is Not Needed?

In some situations, having an attorney might not improve the odds of a person who is a non-citizen facing removal. For instance, if a person has been convicted of a crime of moral turpitude, there is little he or she can do to legally remain in the country.

Crimes of moral turpitude can include domestic violence, aggravated assault, and drug-related offenses. It can also include committing an act of treason.

Illegal immigration does not always result in deportation. There are many other factors that can play a role in whether a person is removed from the country. To learn whether you can fight a removal order, consult with an immigration attorney. If you need legal assistance you can also find additional legal aid here and you can search for a lawyer here.