What Are the Grounds for Deportation/Removal Proceedings?

 Posted on September 18, 2024 in Immigration

After living and working in the United States, it can be both overwhelming and frightening to have your life uprooted when threatened with removal. Deportation does not only affect a single person; rather, it can have a negative ripple effect.

In a mixed-status household, removal may decrease the family income by half. U.S.-born children of single parents could potentially be left behind to be raised by strangers. Removal even affects the mortgages held by households with undocumented immigrants (there are 1.2 million such mortgages in the U.S.).   

If you are undocumented and you have received notification of removal, there are steps you can take that will stop the removal or mitigate the effects. It is important that you speak to an experienced Itasca, IL deportation/removal attorney from Unzueta Law Group, P.C.. Having a strong advocate by your side during this difficult time is essential to the outcome of your removal notification.

What is Deportation/Removal?

The terms "deportation" and "removal" have the same meaning and are often used interchangeably. Deportation involves removing a person who is undocumented from the United States and returning him or her to the country of origin. Deportation has three primary stages:

• Removal proceedings are initiated.
• A deportation order is issued.
• The individual is removed/deported from the U.S.

Anyone who does not follow the proper channels to enter or remain in the United States can be deported. The government will start the process for an order of removal, then an immigration judge or officer will determine whether you can stay or must be deported.

What Issues Can Trigger Deportation?

Under Code 8 U.S.C. §1227, the grounds for deportation are established and may include:

• Marriage fraud
• Green card status terms violations
• No legal immigration status
• Overstaying a visa
• A conditional permanent resident status
•  Smuggling other undocumented people into the U.S.
• Failure to submit a change of address
• Issues related to national security
• Immigration fraud
• Inadmissibility while entering the U.S. or during adjustment of status
• Criminal activities including aggravated felonies, domestic violence, drug crimes, murder, moral turpitude offenses, rape, fraud, unlawful criminal restraint, and firearm offenses.  

Deportation can also be initiated for other reasons; in most cases, ICE accuses a non-U.S. citizen of violating a law that results in removal.

How Do I Know if I Have Been Flagged for Removal – and What Should I Do if I Have?

If Homeland Security places you in removal status, an official Notice to Appear will be issued. Immigration court records can be accessed through the EOIR website where the Alien Registration Number is entered to check for any pending removal proceedings or scheduled hearings. Removal proceedings are conducted by DHS, and then the first hearing is known as the master calendar hearing.

Should you fail to appear in person for this hearing, an automatic removal will be issued. You have the right to have an attorney represent you during this hearing – and you absolutely should be legally represented. Depending on your specific situation, your attorney may defend against your removal, perhaps using an adjustment of status approach during your merit hearing.

You cannot leave the United States once removal proceedings have begun, or you could face a bar to re-entry, ranging from five years to twenty years, or even permanently. You can get married while in removal proceedings. While marriage to a U.S. citizen could stop your removal proceedings, you should expect additional challenges. Obtaining a green card while in removal proceedings is also challenging but not impossible, depending on the specifics of your removal.

Contact a DuPage County, IL Deportation/Removal Attorney

You do not have to go through this process alone. At Unzueta Law Group, P.C., we are experienced immigration attorneys who are ready to guide you through the process of navigating complex laws and regulations pertaining to removal proceedings. Once you have a knowledgeable Itasca, IL removal attorney fighting for you, a better outcome may result. We are a local family firm with more than two decades of experience in immigration law. Contact Unzueta Law Group, P.C. at 630-509-2363 to schedule an appointment today. Se Habla Espanol.