Pennsylvania Deportation Defense Attorney Advocating for Immigrants’ Rights
If you are in the United States with immigrant or nonimmigrant status, you may be worried about your chances of being deported. As long as you comply with the terms of your visa, deportation isn’t likely. However, if something does happen and you find yourself in deportation proceedings, it’s important to know what your rights are and what you can expect. Learn more about the deportation process, including reasons for deportation and potential defenses, below.
Facing deportation can be a scary and lonely time, but when you work with The Law Office of Rosina C. Stambaugh, you get an entire legal team who is dedicated to helping you. Whether you need help understanding your alternative options for staying in the United States or you need someone to represent you at your deportation hearing, we can help. Call our office to find out more.
Can You Be Deported for Visa Violations?
Just like the United States has specific criteria and a certain process for immigrating to the United States, it also has rules about what you can do while you’re here and how long you can stay. Violating these terms can mean you end up facing deportation. Below are some common reasons that immigrants are deported:
Visas have specific term lengths, and you must either renew your visa or return to your home country before it expires. If you are not able to have the visa renewed, it will automatically be canceled. At that point, you are eligible for deportation. Overstaying a visa can also result in a temporary ban from being able to come back into the United States, usually for a period of a few years.
Different visas have different purposes and are designed for certain categories of people. For example, a tourist visa is meant for just that: those who are coming to the United States for a short term to visit the country. You cannot work or attend school on a tourist visa. Some other visas do allow you to work while in the United States, but you may have to apply for a permit first. Failure to abide by the terms of your visa can mean deportation and a ban from returning to the country.
Can a Criminal Conviction Result in Deportation?
When you are admitted to the United States, you are expected to behave in accordance with the laws of the country. If you violate those laws, you could be subject to deportation. However, not all criminal convictions may result in deportation. In general, being removed for a criminal conviction is only done if you commit an aggravated felony, such as murder, rape, or drug trafficking, or a crime of moral turpitude. These crimes have a bit more gray area as to what qualifies but examples may be being accused and convicted of domestic violence or another type of assault.
Being Labeled as a Threat to Public Safety
If you are deemed a threat to public safety in the United States, you can be subject to deportation even if you haven’t committed any actual crimes. This can be a nuanced area, but in general, those who are being deported for this reason have been classified as a threat to national security or border security.
What Happens During the Deportation Process?
One of the first steps in the deportation process is usually being detained by U.S. Immigration and Customs Enforcement. You may be held in a detention center while you are awaiting your hearing. If you are being deported for coming to the United States without the correct documentation, for using false paperwork, or for violating your visa, you may face an expedited removal, which happens without a hearing.
During your immigration hearing, you will have the chance to provide a defense, and you have the right to be represented by an attorney. If you win the case, the deportation order will be canceled. If the judge rules that you are to be deported, you may be given the opportunity to leave on your own without being forcefully removed from the country.
It’s important to note that these hearings often happen quickly, and there may be a short amount of time to prepare and argue your defense. This is why it’s important to speak with an attorney as soon as you are aware that you may be deported.
What Are Some Deportation Defense Strategies?
It’s normal to be scared and overwhelmed when you find out that you may be deported, but it’s important to note that there are potential defense options. The right defense strategy depends on the exact circumstances and reason for deportation, so you need to speak to an immigration attorney as soon as you are aware that deportation proceedings have been started. Some potential defenses for deportation include:
- Asking for an adjustment of status
- Applying for asylum
- Showing that you would be subject to torture if you were to be returned to your home country
- Arguing that a crime didn’t meet the definition of moral turpitude
While not necessarily a defense strategy, leaving the United States voluntarily can be a better option if you are going to be deported, and it’s not likely for you to win a cancellation. This could let you avoid an immigration ban so that you can apply for entry again sooner.
If you’re being threatened with deportation, call The Law Office of Rosina C. Stambaugh at 717-912-8555. Our office is located in York, Pennsylvania, and is convenient to the surrounding area. One of our team members will schedule your first consultation, where you can talk with an attorney about why you’re being deported and what your defense options may be.
