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How You Can Fight Deportation

Being threatened with deportation is no laughing matter. It has the ability to uproot families, ruin job opportunities, and turn lives upside down. We are dedicated to upholding the rights of all immigrants in the United States, and we outline the process of fighting removal below.

Grounds For Deportation

There are several reasons why someone would be targeted for removal. These grounds are typically tied to criminal convictions, but even those with clean records still have the potential to face removal. Here are the most common types of criminal convictions that warrant deportation:

  • Aggravated Felonies:┬áThese include murder, drug trafficking, money laundering (involving amounts over $10,000), firearm trafficking, violent crimes or theft with a sentence of at least 1 year, fraud or tax evasion worth $10,000 or more, obstruction of justice, among others.
  • Drug-related Convictions: Deportation is on the table for any drug conviction unless it was for simple possession or personal use of 30 grams or less of marijuana. Removal can also occur if there is evidence of drug addiction or drug abuse even when there is no conviction.
  • Moral Turpitude: This is defined as crimes such as theft, murder, voluntary manslaughter, rape, or other sexual crimes. An individual can be removed for any of these crimes if they have were committed within 5 years of their entry into the United States.
  • Domestic Violence Crimes: Deportation can be warranted upon conviction for domestic violence, stalking, child abuse, child neglect or abandonment, or the violation of a protection order.
  • Firearms Convictions: The unlawful possession of a firearm or firearms.

If a criminal conviction was the reason for deportation they must wait 5 or 10 years, depending on the case, before being considered eligible to return to the U.S. After a second deportation, this wait time is then increased to 20 years.
Criminal convictions make up a majority of deportations, but someone can still be deported even with a clean record. Reasons someone would be deported without a conviction include:

  • Overstaying their visa
  • Committing marriage fraud
  • Voting unlawfully
  • Being considered a threat to the United States
  • Falsely claiming to be a U.S. citizen

Understanding Your Options

The threat of removal can be instantaneously overwhelming, but it is important to understand that you will not simply be immediately removed. You cannot be deported from the U.S. without due process of law.

You will have the opportunity to appear before an immigration judge that will review the evidence brought against you to determine whether you have broken any immigration laws. The decision then falls on the judge to either allow you to stay or gain entry into the U.S. or uphold the removal order.

There are a number of ways to prevent you or a loved one from being deported. Each option, however, has specific conditions that may not apply to everyone facing removal, making consulting with qualified legal professionals crucial in determining the best course of action for your case. Here are some options our immigration team can help you apply for to help avoid deportation:

  • Pursuing citizenship
  • Asylum
  • Adjustment of status for permanent or nonpermanent residency
  • Gaining a waiver from deportation

How Yacub Law Offices Can Help

Facing deportation alone is no easy task. At Yacub Law Offices, we are committed to taking a personalized and compassionate approach to ensure each of our clients gains the specific care they need for their case.

To find out more about how we can help you or a loved one fight removal, contact us today through our website or give us a call at (703) 552-5051 to schedule a consultation!