Deportation may be nasty, but the United States immigration law provides detailed requirements and restrictions that may result to a deportation of any non-US citizen residing in any US territory without proper and legal basis. A person will be deported to his or her original country.
You can argue the cause of deportation or inadmission before the proper courts of the United States with the help of an immigration lawyer. Provided that all requirements are met, any person cannot be, at any cause, be removed or deported out of the United States without proper remedy of the law. Hiring an immigration lawyer is a certain assurance that you will be doing the right thing when the matter arises.
Actually, there are two categories of grounds for deportation. The Immigration and Nationality Act, Section 212 (a) provides the legal basis for the grounds of inadmission. These grounds include those who are seeking entry to United States either by border or for any legal right such as green card or Visa. Inadmission can be argued in court by any immigration lawyer and grounds of inadmissibility include:
- Entry to the United States without the legal permission or providing immigration papers secured under fraud or such cases can be grounds for the USCIS not to admit any person for entry.
- Any person who has committed crimes in their own countries or on any international court and anybody who helps smuggle non-US citizens for a fraudulent entry are barred from entering the United States.
- The USCIS may not also admit any person who has a communicable disease that threatens the total welfare of the populace may not be admitted for entry; the same with those with mental health disorders that pose grave threat to US residents.
- Those who are suspected of terrorism and espionage may not be admitted to US soil with the recommendation of the Defense and Homeland Security departments.
On the other hand, Section 237 of the same law provides basis for grounds of deportability. In theory, deportation applies to those who already have entry in the United States, but whose papers or documents lack legality , including those with visa or green cards. The USCIS is the sole officer of the land with rights to grant legal permission to stay in the United States, as otherwise provided by proper courts of the country.
- Any person who has green card through fraud on marriage will be deported to their original country without remedy, as otherwise argued before courts. It includes those who have family-based green cards. An immigration lawyer can argue the matter before legal courts.
- Crimes, including smuggling of aliens, can be reasons why a person will be deported.
- Those who don't provide the immigration their change of address can be construed as cheating on their legal permission or have intents to do so. In the same way with those who claim to be US residents to get government benefits will be deported.
