VIOLATION OF IMMIGRATION LAW
A noncitizen that is present in the United States may face deportation also known as removal when the government discovers that the noncitizen has violated an immigration law or a criminal law that is in direct violation of immigration law. These violations will make a noncitizen without status removable for being inadmissible to the United States, while noncitizens committing an immigration law violation will make them deportable.
What are considered immigration law violations?
- Fraudulent Conduct to obtain an immigration benefit such as a visa, immigration status or legal permanent resident status.
- Former Naturalized United States Citizens who lost their Citizenship in a Denaturalization Court proceeding before a Federal Court because of a fraudulent act that now serves the basis for removal from the United States.
- Violation of a condition of temporary status in the United States such as working or attending school when the status prohibits such activity.
- Noncitizens present in the United States on a temporary legal status or Legal Permanent Residents who have been convicted of a criminal offense that specifically violates an Immigration Law that exposes the noncitizen to losing status and being removed from the United States.
What types of criminal offenses can place a noncitizen with status in jeopardy of being placed in a removal proceeding?
- Most types of Fraud or Theft offenses.
- Some Obstruction of Justice type offenses.
- Drug related offenses.
- Violence related offenses.
- Firearm related offenses
- Discovery that a noncitizen is a drug abuser
NO LEGAL STATUS
More obvious is a noncitizen present in the United States without legal status where the fact that the noncitizen without legal status will allow the government to place the noncitizen in removal proceedings.
It is important to keep in mind that defending against a removal case is a complex process and we strongly advise consulting with an immigration attorney to discuss whether your case can be defended.
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