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Deportation From and Denial of Entry Into the United States

Every year, thousands of individuals come to the United States to work, to raise a family, or to experience a life that is better than the one they had before. Unfortunately, there are numerous ways to be deported or removed from the United States and even more ways to have entry to the United States denied.

Prior to the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, “deportation” was the legal process of removing a foreign national already in the United States from the United States. “Exclusion” was the prevention of a foreign national from entering the United States. After the Illegal Immigration Reform and Immigrant Responsibility Act, these two processes, exclusion and deportation, became “removal” proceedings. Anyone who is not a United States citizen is eligible to be put through removal proceedings.

There are two main types of permits to live in the United States, permanent resident and non-permanent resident. Permanent residents are issued Green Cards while non-permanent residents are given visas. Visas have more restrictions on them and expire after the purpose for which the individual needed the visa is no longer there.

Visa Holders: Denial of Entry

Visa holders should be prepared to prove whenever attempting to enter the United States that they are entering the United States for permissible reasons. Non-permanent residents need to be able to show that they intend to leave in accordance with the terms of their visa. This means that if an individual is granted a student visa, he or she should plan on leaving when their purpose is complete.

Even after being granted a visa, when an individual approaches the border, he or she can still be deemed “inadmissible”. If this happens, any individual is expected to depart.

Visa Holders: Deportation

Non-permanent residents are most-frequently deported because they have entered the United States without the correct inspection documents or valid entry documents. The second most common reason for deportation of non-permanent residents involves individuals who entered the United States with a visa and then overstayed their visa.

Green Card Holders: Denial of Entry

Lawful permanent residents who have been outside of the United States for an extended period of time need to be prepared to show that they have intended to return to the United States since the second they left. If not, the green card holder may be denied entry.

Green Card Holders: Deportation

The most common reason for removal proceedings concerning individuals with permanent resident status is that they have committed a serious crime. Some people do not realize they are open to a removal proceeding until they apply for citizenship and a background check is performed as part of the naturalization process.

When an individual realizes they are open to a removal proceeding, withdrawing an application for citizenship will not prevent an individual from being deported if the person has already had removal proceedings started against him or her.

If you would like more information concerning deportation or immigration, please visit http://criminalandimmigrationlawyer.com/deportation.html. If you have any questions, their team will be more than happy to answer them for you.



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