Legal US residents are foreign nationals who have been granted permission to live and work in the United States on a temporary or permanent basis. This can include lawful permanent residents (also known as green card holders), refugees, and asylees.
Despite having legal status in the United States, legal residents can still be subject to deportation if they violate certain immigration laws or commit certain criminal offenses. Deportation, also known as removal, is the process of expelling a non-citizen from the United States.
The deportation process begins when the government determines that a non-citizen is removable from the United States. This can occur in a number of ways, such as when a non-citizen is convicted of a crime or when their visa has expired. Once the government initiates removal proceedings, the non-citizen will have to appear before an immigration judge to determine whether they should be deported.
Understanding the deportation process is crucial for legal residents who want to protect their status in the United States. In this blog post, we will explore the grounds for deportation, the removal proceedings, and the defenses available to legal residents who are facing deportation.
Table of Contents
Grounds for Deportation
Legal US residents can be subject to deportation if they violate certain immigration laws or commit certain criminal offenses. The following are some of the most common grounds for deportation:
- Criminal Convictions: Legal residents who are convicted of certain crimes, such as drug offenses, domestic violence, or aggravated felonies, can be subject to deportation. Even if a legal resident has been living in the United States for many years, a criminal conviction can result in their removal from the country.
- Immigration Violations: Legal residents can also be subject to deportation if they violate immigration laws, such as by overstaying their visa or working without authorization. Even minor immigration violations can lead to deportation, so it’s important for legal residents to stay up to date on their immigration status and comply with all relevant laws.
- Security Concerns: Legal residents who are deemed to be a threat to national security can also be subject to deportation. This can include individuals who have engaged in terrorist activities, espionage, or other activities that pose a threat to the safety and security of the United States.
- Public Charge Grounds: Legal residents who rely on government assistance, such as food stamps or Medicaid, can also be subject to deportation if they are deemed to be a public charge. This means that the government believes they are likely to become dependent on government assistance in the future.
It’s important for legal residents to understand the grounds for deportation and to take steps to avoid violating immigration laws or committing criminal offenses. If you are facing deportation, it’s important to seek the advice of an experienced immigration attorney who can help you understand your rights and explore your options for staying in the United States.
Removal Proceedings
If a legal US resident is subject to deportation, they will have to go through a legal process known as removal proceedings. The following are the main steps in the removal process:
- Initiation of Removal Proceedings: Removal proceedings are initiated when the government determines that a non-citizen is removable from the United States. This can occur in a number of ways, such as when a legal resident is convicted of a crime or when their visa has expired.
- Notice to Appear: Once removal proceedings have been initiated, the government will send the legal resident a Notice to Appear (NTA). The NTA will contain information about the legal basis for the removal proceedings and the charges against the legal resident.
- Immigration Court Proceedings: The legal resident will have to appear before an immigration judge for a removal hearing. At the hearing, the legal resident will have the opportunity to present evidence and arguments in support of their case. The government will also have the opportunity to present evidence and arguments in support of the removal proceedings.
- Appeal and Review: If the immigration judge orders the legal resident to be deported, they may have the opportunity to appeal the decision to the Board of Immigration Appeals (BIA). If the BIA affirms the immigration judge’s decision, the legal resident may be able to seek review in federal court.
Facing removal proceedings can be a daunting experience for legal residents. It’s important to seek the advice of an experienced immigration attorney who can help you understand the process and explore your options for defending against deportation. With the right legal representation, it may be possible to stay in the United States and protect your legal status as a resident.
Defenses Against Deportation
Legal US residents facing deportation have several defenses that may be available to them. The following are some of the most common defenses against deportation:
- Adjustment of Status: Legal residents who are eligible to apply for permanent residency (a green card) may be able to adjust their status and obtain legal permanent residency without having to leave the United States. This can be a powerful defense against deportation, as legal permanent residents are generally not subject to removal unless they commit certain criminal offenses.
- Cancellation of Removal: Legal residents who have been living in the United States for a certain amount of time and can demonstrate good moral character may be eligible for cancellation of removal. This is a form of relief that allows legal residents to avoid deportation and obtain legal permanent residency.
- Asylum and Refugee Protection: Legal residents who fear persecution in their home country may be eligible for asylum or refugee protection. These forms of relief are available to individuals who can demonstrate a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group.
- Waivers of Inadmissibility: Legal residents who have been deemed inadmissible to the United States due to certain grounds, such as criminal convictions or health issues, may be eligible for waivers of inadmissibility. These waivers allow legal residents to overcome the grounds of inadmissibility and remain in the United States.
It’s important for legal residents facing deportation to explore all possible defenses and to work with an experienced immigration attorney who can help them understand their options and build a strong defense against removal. With the right legal representation, it may be possible to stay in the United States and protect your legal status as a resident.
Final thoughts
Deportation is a serious and life-changing event that can have a significant impact on legal US residents and their families. It’s important for legal residents to understand the grounds for deportation and the procedures involved in removal proceedings. Legal residents who are facing deportation should seek the advice and representation of an experienced immigration attorney who can help them navigate the complex and often confusing process of defending against removal.
Legal residents facing deportation should not hesitate to seek the advice and representation of an experienced immigration attorney. With the right legal representation, it may be possible to stay in the United States and protect your legal status as a resident.