subject: Causes Of Deportation Under The Us Immigration Law. [print this page] Deportation can be one of the biggest, scariest fears for millions of people in the United States. While sometimes the deported immigrant might have committed a crime which ultimately led to deportation, sometimes unintentional violation of US Immigration Law can unfortunately tangle even the most upstanding of immigrants in a web of deportation charges.
Dealing with deportation is obviously a difficult situation for anyone, but with a few tips, one can do something to prevent being forcibly returned to his/her home country. Here is a number legal tactics one can employ to escape the deportation hook.
The first and most recommended tactic for countering deportation charges is to voluntarily leave the country. Please take note that being deported and voluntarily leaving the country are two different matters altogether. Being deported is often without the consent of the person who is being taken to his/her home country. However, voluntary deportation is where one willingly agrees to leave the country. Under the US Immigration Law, a person who voluntarily agrees to be deported can potentially enter the US again at a future date, but will be expected to pay for his/her own transportation costs to his/her home country. With forceful deportation, one cannot come back to the US in the future but his/her transportation costs back home will be graciously paid for by the United States government. However, keep in mind that one would only have the option of voluntary deportation when he/she has not committed a serious offense (crime) deserving of deportation.
For people whose life might have been threatened in their respective home countries due to their political standing or sometimes religious beliefs, applying for asylum is an option to avoid deportation. If one is granted asylum, he/she will have the opportunity of applying for permanent residence after a period of one year. Note that asylum is rarely given to deportable immigrants.
Applying for a waiver of deportation may also be an effective strategy. A waiver is given when one can prove beyond doubt that if he/she would be deported, his/her spouse or family relatives who have attained permanent residence or US citizenship will face difficulties or hardship due to his/her absence. This works best if the person to be deported is the primary breadwinner of the family.
Lastly, if ones own spouse or a close relative is already a US citizen, he/she may be able to avoid deportation by applying for permanent residence. The persons close ties with his/her spouse or family members who are US citizens can influence the immigration court to grant one a permanent residence, suspending his/her deportation proceedings.
Remember that all these strategies for avoiding deportation depend on the circumstances of ones case and the events that brought about the deportation charges. Also, note that US Immigration Law is very strict on particular crimes like firearms trafficking so involvement in these types of activities will lessen the options one may have to challenge the deportation.
