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Understanding the Leading Causes of Deportation From the U.S.
Navigating the complexities of U.S. immigration law can be overwhelming, especially when even minor missteps can lead to removal proceedings. Whether you entered the country on a visa, applied for asylum, or are seeking permanent residency, it’s critical to understand what actions can lead to deportation—and how to respond.
At Spar & Bernstein, we’ve guided thousands of clients through complex immigration issues with compassion and clarity. Below, we explore the top 10 reasons non-citizens face deportation in the United States, based on current enforcement trends and immigration regulations, and how proactive legal counsel can make the difference between removal and relief.
1. Entering Without Inspection or Using Fake Documents
Unlawful entry, such as crossing the border without inspection or using false documents, remains the number one reason for deportation. Even those with deep family or community ties may find themselves in removal proceedings. However, legal pathways like adjustment of status under certain waivers, or potential asylum eligibility, can offer relief when managed by a skilled attorney.
Legal Tip: If you entered without inspection but are married to a U.S. citizen or have a qualifying relative, you may be eligible for a provisional waiver and consular processing.
2. Overstaying Your Visa
Tourist and employment-based visas come with strict time limitations. Overstaying—even by a few days—can render you unlawfully present, leading to bars from re-entry or future immigration benefits.
Immigration Solution: If you’ve overstayed, immediate legal advice is critical. You may be eligible for adjustment of status if you qualify through marriage, employment, or certain humanitarian relief.
3. Criminal Convictions, Including Theft, Assault, or Fraud
Most criminal offenses—even misdemeanors like shoplifting—can have devastating immigration consequences. Crimes involving moral turpitude or aggravated felonies often lead to mandatory detention and limited relief options.
Proactive Defense: Working with a criminal and immigration attorney together is key. At Spar & Bernstein, we collaborate across legal teams to minimize deportation risks through post-conviction relief, motions to reopen, or waivers.
4. Marriage Fraud
Entering a sham marriage solely for immigration benefits, or paying someone to marry you for a green card, is considered marriage fraud and is a deportable offense.
Strategic Advice: USCIS investigates marriage-based petitions thoroughly. Honest, documented relationships are defensible with the right preparation. If you’ve been accused, legal representation is essential to protect your record and rights.
5. Misrepresentation or Lying to Immigration
Providing false information to immigration officials, including misrepresenting your identity, status, or purpose of travel, is a basis for removal under INA §212(a)(6)(C).
Remedy Available: Certain waivers for misrepresentation exist—especially if a qualifying relative (such as a spouse or parent) would suffer extreme hardship. Our attorneys can prepare a compelling waiver package.
6. Drug Offenses
With the exception of a single possession of less than 30 grams of marijuana, any drug offense can trigger deportation. This includes old convictions and even charges without jail time.
Legal Strategy: Drug charges often require a multi-pronged defense involving both immigration and criminal attorneys. Post-conviction relief or motions to vacate can help protect your immigration status.
7. Terrorism or Security-Related Grounds
Involvement in terrorism, espionage, or activities that threaten national security results in immediate removal and bars most forms of relief. The standards here are exceptionally strict and aggressively enforced.
Legal Advocacy: If wrongly accused or misidentified, timely legal action is essential. Spar & Bernstein has successfully defended clients through federal appeals and Board of Immigration Appeals litigation.
8. False Claim to U.S. Citizenship
Even accidentally checking the wrong box on an I-9 form can be considered a false claim to U.S. citizenship, a particularly harsh ground of inadmissibility with limited relief.
Next Steps: If this happened to you, do not wait. Consult an attorney immediately. Some exceptions exist, particularly for minors or those who reasonably believed they were U.S. citizens.
9. Asylum Denial After Final Appeals
If your asylum case is denied by USCIS, the immigration judge, and all appeals are exhausted, you may face deportation. However, many asylum seekers are unaware of alternative forms of relief still available.
Our Approach: We explore all humanitarian relief options, including withholding of removal, protection under the Convention Against Torture (CAT), or motions to reopen based on changed country conditions.
10. Violating Visa Terms
Working without authorization while on a tourist or student visa, failing to attend school, or otherwise breaching visa conditions is a violation that makes you deportable.
Immigration Support: If you’ve violated your visa, you may still be eligible for a change or adjustment of status. Legal counsel can help present a waiver or reapply under a more appropriate visa category.
How Spar & Bernstein Can Help You Avoid Deportation
Each of these grounds for removal can feel daunting, but deportation is not always inevitable. At Spar & Bernstein, we specialize in identifying creative legal solutions and aggressively defending our clients’ rights in immigration court and beyond.
Whether you’re currently facing removal proceedings, have concerns about past actions, or simply want to safeguard your future immigration status, our team is ready to help you take control of your case.
Schedule a consultation today to explore your options with an experienced immigration attorney who will treat your case with the urgency and compassion it deserves.
