How to Find Out Deportation Laws

If you are a legal resident, it is still important to understand deportation law and how to avoid getting into trouble with the U.S. Immigration and Naturalization Service. Keeping your green card status until you can become a naturalized citizen is one of the most important things you can do over the next few years. 

Overview

The Department of Immigration and Naturalization Service is the first place to go to learn about immigration laws and what constitutes grounds for deportation. If you entered into the U.S. according to immigration law, and complied with U.S. Immigration protocols to obtain your green card, you do not need to worry about deportation. 

Fraud

• Fraudulent marriage - Many of those who are facing deportation lied to the U.S. Immigration Service or their time in the U.S. is near expiration. Some people will try to marry a U.S. citizen in order to avoid exportation. Often, the U.S. citizen will be paid a large sum of money to participate in the scam. The INS will closely investigate the couple to verify or prove fraud.


• Fraudulent professional work visa - Fraudulent professional declaration in order to take advantage of programs allowing certain professionals educational or trade opportunities. Papers are forged by a foreign owned, U.S. based company, and the individuals are brought to the U.S. using work visas. The workers then disappear into the country.


• Fraudulent student visas - Students come to the U.S. with intent to earn a degree, but they come and never attend college.

Criminals

Criminals of various types cross the border to evade their nation's penalties. Many join gangs and continue their criminal specialty.

Procedure to deportitation

• Detainment - The individual is detained by INS until their hearing to determine their right to remain in the U.S. If the alien is not considered a flight risk, they may be allowed to remain on their own recognizance.


• Order to show cause is issued - The U.S. government will have an attorney, but the alien will have to provide their own counsel. There are pro-bono attorneys who help in immigration matters.


• The matter is heard before a judge and a decision is made to allow the alien remain or to be returned to their country.


• The alien may choose to return to their country voluntarily.