Deportation is an administrative procedure carried out with non-US citizens who are in the United States and consists in their expulsion from the borders of the state to their homeland, where they previously came from, that is, this is a formal “expulsion” of a foreign citizen from the United States for violation legislation of the country. Deportation can be carried out voluntarily and on a compulsory basis.
The deportation procedure may affect not only migrants who planned to stay in their dream country – America, but also tourists who, after visiting the United States, are going to leave and will leave for their homeland. You should also know and remember that Green Card also does not protect against deportation.
Only US citizens and those immigrants who have successfully received the status of an American citizen cannot be deported from the country.
Causes for deportation from the USA
What are the reasons leading to such a sentence as deportation? Not all visiting foreigners are deported due to a violation of the country’s security. It is also worth noting that during his presidency, the president of the US has seriously tightened US immigration policy, which is why potential immigrants have an increased risk of being denied permanent residence.
1. The first thing to be observed is immigration law and immigration regime.
- For example, they can be “evicted” for an expired visa. A visa is the main thing that needs special attention, especially you need to closely monitor its expiration date.
- Also, you should not enter the country illegally. Sooner or later, the truth will come to light, the visitor will officially receive illegal status and go where he came to the States.
- Falsification of entry documents is a serious violation and a direct reason for deportation. The forgery of documents was deliberately committed, or by accident, but they can be deported for a violation – entering a country with fake documents is equal to entering completely without documents, that is, illegally.
2. Persons who applied for political asylum in the United States, but were refused, are also subject to deportation.
3. Also from America can be expelled for a fictitious marriage with a US citizen. If the marriage was dissolved within a short time after obtaining citizenship, this causes suspicion among the immigration security. A sham marriage has civil and criminal consequences for both the immigrant and criminal consequences for the citizen who “helps” the immigrant break the law and become a citizen of the country.
To avoid deportation from America, you must be sure to notify the immigration office of all your moves. Each change in the address of residence must be recorded and agreed upon. Without timely notification of the service about moving inside the country, it is possible to move to your homeland.
4. People who are not US citizens who are legally resident in the country may be deported for illegal activities or assisting others in illegal activities. Violation of US laws is subject to criminal penalties and deportation may be carried out depending on the severity of the offense. For especially grave crimes, such as smuggling, theft, murder, purchase/possession/sale of drugs and weapons prohibited in America, deportation may follow. Any illegal actions that endanger people or the state itself, one way or another lead to criminal responsibility and “expulsion” from the United States. The best way to “gain a foothold” in a country is to live following the laws of this country, not to break the rules, and to comply with the laws.
Deportation process from the USA
1. It all starts with receiving a deportation summons. Further – the possible detention if the person poses a threat to national security.
2. This is followed by the consideration of the court case, during which it will be possible to apply for a change in immigration status or obtaining asylum. Also, if you disagree with the judge’s decision, you can apply for a review of the case.
During the trial, the illegal is in custody. You can pay bail and stay free during the trial. If the court sentenced a person to deportation, then until the moment of the flight, he is kept in an isolation ward. All transportation costs are fully covered by the state.
There is another option: not to wait for the verdict of the court, but to leave for your own country, fully covering the cost of the flight. This option is suitable for those who want to enter and stay in the United States legally in the future.
3. If the verdict is negative, a deportation order will be issued from the country to the home country.
4. An illegal immigrant is put on a flight going directly to the home of the deported. If the illegal had problems with documents: forged documents or lack of some or all of the necessary ones, then he will be escorted to the plane. If an unscrupulous immigrant committed a crime in America, then guards will accompany him on board, and he will be handcuffed throughout the flight.
5. Upon arrival at home, the offender is placed under the control of local authorities. There are frequent cases of keeping the documents of the deported and sending them by mail to his homeland – this is a kind of guarantee that he will get home.