Top Reasons for Deportation and How to Avoid Them
Facing the threat of deportation can be unsettling, and many individuals feel unsure about what happens next. Wogwu Law, PLLC, understands how heavy those worries can be. The firm has represented many people during some of the most challenging moments in their immigration journey. Attorney Wogwu’s goal is to explain why removal might occur and to offer ways to protect your right to remain in the United States.
Below, you’ll see the most common grounds for deportation, possible defenses, and how you can take steps to protect yourself.
What is Deportation (Removal)?
Deportation, also called removal, is a government-initiated process that compels a non-citizen to depart the United States. Typically, the Department of Homeland Security (DHS) triggers this process by sending a Notice to Appear (NTA). This formal document outlines charges against you, such as unlawful entry or breaking immigration rules.
DHS expects you to go before an immigration judge, who decides whether to order your removal. During court proceedings, a person facing removal may have a chance to fight the charges or present a legal defense that could allow them to stay in the country.
Every individual facing removal deserves clear explanations about their situation. People often feel lost, but a lawyer can support them and highlight relief avenues like asylum or a waiver, depending on the facts of the case.
Who is Subject to Deportation?
Any non-citizen can face removal, including visa holders, lawful permanent residents, or individuals who lack legal status. Holding a green card may be reassuring in many respects, but it never fully shields someone from deportation if they violate U.S. laws in certain ways.
By contrast, U.S. citizens are not subject to deportation. If someone holds citizenship, the government generally cannot force them to leave, barring cases of proven fraud in the citizenship process.
Common Reasons for Deportation
Although many factors can prompt removal, some causes occur more often than others. Below are the primary reasons people end up in removal proceedings, along with ways to avoid trouble.
Criminal Convictions
Breaking criminal laws is frequently cited as a reason for deportation. Several categories of crimes can make a foreign national removable, such as aggravated felonies (e.g., drug trafficking or homicide) or crimes involving moral turpitude (CIMTs) like fraud or domestic violence.
If convicted of offenses labeled “aggravated felonies,” it is very challenging to stay in the country. Similarly, many drug crimes also lead to removal. Even lawful residents can lose their immigration status after certain convictions.
Staying clear of criminal activity or seeking qualified legal help when charges arise is vital. Sometimes, a careful review of charges or careful plea negotiations may reduce the chances of deportation.
Unlawful Presence in the U.S.
Entering—or remaining—without legal permission is a widespread basis for removal. Typical scenarios include individuals who arrive without passing inspections at a port of entry or those who come lawfully but overstay once their visa expires.
If you have a nonimmigrant visa (for example, a student visa) and remain in the country long past your authorized stay, the government may initiate removal. The same goes for those who violate visa conditions, such as working while on a visitor visa that does not allow employment.
To avoid these concerns, keep track of your authorized duration and file any extension or change-of-status requests before your legal stay expires.
Immigration Fraud or Misrepresentation
Giving false details on immigration applications or using fraudulent documents can cause harsh consequences. This may involve submitting untruthful statements on a green card petition or presenting fake IDs or passports at entry checkpoints.
One scenario worth noting is marriage fraud, which happens when people marry purely to obtain immigration benefits. Should U.S. authorities detect that the marriage lacks genuine intention, they can deny permanent residency and order the person removed.
Honesty in all forms and in interviews is critical. If facts change, update your filings instead of letting errors linger. Even minor misstatements can derail legal status.
Violation of Immigration Status Conditions
Visa holders must adhere to the terms attached to their status. For instance, students must remain in an approved program, and visitors typically can’t secure employment. Even lawful permanent residents can face trouble if they stay abroad for extended periods or fail to maintain continuous ties to the U.S.
In short, not following rules can trigger immigration court proceedings. Many people discover these rules only after a violation, but it’s wise to know your conditions in advance.
Failure to Appear for Immigration Proceedings
Skipping court hearings is another route to removal. If you miss your scheduled appearance and cannot show reasonable cause, the judge may order deportation in absentia.
Always keep your contact information updated, respond to official notices, and attend every hearing on time. That simple act helps preserve your right to fight removal.
Other Grounds for Deportation Under the I.N.A
Beyond the examples above, there are additional reasons under the Immigration and Nationality Act (INA) for deportation. The table below highlights several lesser-known grounds:
| Ground | Description |
| Smuggling persons into the U.S. | Transporting or assisting others to enter unlawfully |
| Being inadmissible at entry | Found to have withheld crucial information when you arrived |
| Terminated conditional resident status | Failing to meet requirements of marriage-based conditional residence |
| Not registering as a sex offender | Failing to register if convicted of specified crimes |
| Terrorism or espionage | Engaging in acts that threaten national safety |
| Certain firearms offenses | Convictions involving weapons can trigger removal |
| Violating freedoms | Acts of genocide or child soldier recruitment |
| Public charge concerns | Becoming reliant on government assistance under certain rules |
| Address change failure | Neglecting to inform immigration authorities within the required time |
| Human trafficking | Combining or abetting trafficking activities |
Each situation is unique, and not everyone under these categories is automatically removed. Still, it’s risky to ignore possible violations. A cautious approach and prompt guidance can avoid more significant problems.
Defenses Against Deportation
Although the government may begin removal, that doesn’t mean there’s no possibility of staying in the U.S. Several defenses or relief measures are available, depending on your background and present circumstances.
Available Relief Options
If you’re facing removal, it helps to learn about potential forms of relief. Below are some common examples:
- Asylum: For individuals who fear harm in their home country because of race, religion, nationality, political views, or belonging to a targeted group.
- Cancellation of Removal: Helps certain non-citizens remain if they have continuous residence, good moral character, and hardship factors for close family members.
- Adjustment of Status: Lets qualified applicants transition to permanent residency if they meet eligibility while inside the U.S.
- Voluntary Departure: Allows one to leave by choice rather than under a removal order. This may avoid a bar on future admissions.
- Withholding of Removal: Offers another shield from removal if returning to the home country poses serious threats to life or freedom.
- Waivers of Deportability: Typically granted for reasons of hardship to a qualifying spouse or other relative.
These measures are detailed and often require gathering strong evidence in court. If you believe one might apply to you, consider contacting an immigration lawyer for direction on which path best fits.
Facing Deportation? Contact Wogwu Law, PLLC Today
Wogwu Law, PLLC, is ready to stand behind individuals who are in removal proceedings. These cases can bring real worry to you and your loved ones, and Attorney Wogwu will support you and discuss ways to help you stay.
If you need to talk with someone who understands deportation defense, reach out at 210-972-4480 or visit our Contact Us page for more details on scheduling a consultation. Together, we can find promising strategies you can pursue.
Everyone’s situation deserves care and focus. Connect with Wogwu Law and explore whether asylum, cancellation of removal, or other relief options can help you remain where you belong.