There are a few argumentations why the American authorities aim to dismiss a foreign national. An individual can be sent back to his or her home country due to deficiency to preserve his or her status or abuse of visa terms, by committing a crime or by abusing immigration laws of the United States. It is interesting that a foreign national may be removed also if he or she changes the address of habitation without notifying the Immigration Services ahead of time. As it is already familiar, the United States has been facing a large rate of immigrants since the beginning of the 18th century. Deportation is used as a state’s apparatus to fight illegal settling. Nowadays, deportation is a serious controversy among people in the United States.
Legal Defenses Against Deportation
There are few loopholes a foreign national may try to use in case he or she is concerned with the matter of being removed from the United States, such as:
- Cancellation of Removal and the 212 (c) Waiver
- Withholding of Removal
- Using the Torture Convention
- Adjustment to Status
- Voluntary Departure
- Refugee Waiver
If one manages to acquire citizenship, he or she doesn’t have to fear anymore since a citizen cannot be deported. However, the law regulating citizenship is compound. You may become a U.S. citizen in case:
- Your place of birth is somewhere in the United States of America.
- Your place of birth is in another country but one of your parents is a US citizen.
- Your place of birth is in another country but before you turned 18, your parents managed to become naturalized citizens in the United States.
- You were found somewhere in the United States before you were 5 years old and your parents are anonymous.
One can also turn into an American citizen by naturalization after he or she has been already a justifiable resident for a prescribed amount of time and has met certain criteria under the U.S. law.
The Cancellation of Removal remedy is used in the case that one has a criminal conviction that is not an aggravated criminal offense. As mentioned above, by committing a criminal offense one faces deportation. However, a foreign national may fight successfully dismissal threats if he or she:
- has been a lawful person with permanent residency for a minimum of 5 years
- has resided in the United States on any other ground for at least 7 years
- has not been convicted of committing an aggravated crime.
The 212 (c) Waiver may be used in a situation where a foreign national has been convicted of a criminal offense before 1997. This remedy can be given to someone who has been living in the United States on a lawful footing and has not been convicted of an aggravated criminal offense.
Asylum and Withholding of Removal may be used if one fears jeopardy in case he or she would have to return to the country of origin. Asylum is a legal relief that can be used in a situation where someone fears menace or has suffered harm in his or her home country due to nationality, race, religion, membership in a certain group or political activity. Relief may be also asked for under the Torture Convention if one fears he or she would face suffering by the state’s authorities.
Adjustment of Status means getting a green card on the ground of being married to a U.S. citizen or being a parent to or a child of a U.S. citizen. In some situations, maybe you will have to return to your country of origin purposefully and begin the procedure of obtaining a permanent residency status. In case you have no safeguarding against deportation at the moment, you should apply to leave voluntarily. Leaving deliberately is a far better solution than being removed by authorities.
If you have humanitarian reasons why you should not be removed from the United States and you qualify as a refugee, you can try to use the Refugee Waiver as a solution. In this situation, similar to the asylum remedy, you have to show evidence of abuse and damage you would face if being sent back to your homeland.
Possibility of Deportation for Citizens of ESTA Countries
If one is a citizen of one of the eligible countries under the Visa Waiver Program, he or she has the opportunity to travel for temporary work arrangements or amusement to the United States, but their stay is limited up to 90 days. You should check the ESTA application on its website and apply there to get a chance to travel freely or conduct business for a specified amount of time.
There are currently 38 suitable ESTA countries under the Visa Waiver Program. Foreign nationals of these countries do not have to face the complex procedure of obtaining a visa in advance. However, it is never a good idea to overstay your welcome. After you check ESTA application and see that you have been authorized, you are ready to go. Keep in mind that you are entering the United States with a guarantee that in 90 days you’ll be back to your country of origin. If you try to remain permanently in the U.S. under the ESTA status, you may be removed by national authorities as well or even convicted of committing fraud upon arrival. Nonetheless, once you have been found culpable of breaking the provisions of the Visa Waiver Program, you will be banned from it, and only be able to enter the United States by getting a visa in advance.
Hiring a Defense Deportation Attorney
Before being departed, there is a judicial procedure that permits you to oppose deportation. It is wise to hire an immigration specialized attorney and to use the U.S. law to fight back. There are many details that could help your case, especially if you have been a justifiable inhabitant and have never been convicted of any crime.