Any person who is not a U.S. citizen can be deported from the United States. Both deportation and exclusion are now referred to as “removal” proceedings following the enactment of IIRAIRA. If someone is determined to be removable, they will receive a removal order and must leave the U.S. The United States government considers there to be two types of aliens: 1. Those that arrived legally, but then became subject to deportation (for example, if they overstayed their visa or committed a crime) 2. Those who did not take the necessary steps to legally enter the country, and would not have been permitted entry if they had taken the required steps If you are facing removal proceedings, it’s important to know which category the government believes that you fall into. Aliens who arrive legally have more options available to them during the deportation proceedings.
Deportation is the expulsion of a person or group of people from a place or country. Countries reserve the right of deportation of foreigners, even those who are longtime residents. In general, however, only foreigners who have committed serious crimes, entered the country illegally, overstayed their leave to remain, been extradited to another country to stand trial, or been considered a threat to the national security of a country are deportable. Foreign nationals who have committed crimes or violated the United States’ immigration laws can be deported from the country. Now referred to as “removal” proceedings following the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996, persons deemed removable will receive a removal order and must leave the United States. The United States government considers two types of aliens removable: 1. Those who arrived legally, but then became subject to deportation (e.g., overstaying or committed a crime); and, 2. Those who did not take the necessary steps to legally enter the country or would not have been permitted entry had they taken the required steps. Foreign nationals facing removal proceedings should know the category that the federal government has placed them in. Traditionally, aliens who arrive legally have more options available to them during removal proceedings. Download the Deportation Information Guide and learn how to fight deportation from the United States. A simple and practical Guide that includes information on deportation as well as immigration hearings and appealing a lost deportation case, the Deportation Guide is designed to assist individuals in filing appeals for a deportation case. The Deportation Guide contains: * Overview of Deportation from the United States * What is Inadmissibility and Deportability * Green Card Holders and Deportation * Visa Holders and Deportation * Missing an Immigration Hearing * Preparing for the Court * Do’s and Don’ts * Appealing a Lost Deportation Case * Voluntary Departure Explanation * Immigration Bonds * Deportation Waivers * Being Deported but Wishing to Visit the United States * List of U.S. Embassies, Consulates, and USCIS Offices nationwide * FREE Application Forms * * Forms are provided free of charge with the purchase of this kit. Green Card Holders and DeportationA background check is conducted on Green Card holders who apply for U.S. citizenship. If an applicant is deemed deportable, withdrawal of their citizenship application will not prevent their deportation (removal) if they have already been placed under removal proceedings. United States immigration officials have deported a total of 672,593 immigrants since 1997 because of criminal convictions. After the IIRAIRA of 1996 was passed in 1996, deportation became the mandatory penalty for a long list of crimes, including minor and non-violent offenses committed years before the law went into effect. The mandatory deportation of legal immigrants convicted of a crime has already separated an estimated 1.6 million children and adults from their non-citizen family members. Prior to 1996, immigrants who committed a crime were permitted to go before an immigration judge, who exercised his or her discretion in imposing penalties. However, passage of the IIRAIRA in 1996 precluded immigration judges from considering whether deportation would be excessively harsh in light of the immigrants’ family relationships, community ties, U.S. military service records, or the possibility of persecution if returned to their country of origin. The deportation takes place after the foreign national has served the sentence imposed for the crime.