What Are the Reasons People Can be Placed into Deportation Proceedings?

There are many reasons people can be placed into deportation proceedings. Once you’re in the United States and have a green card, be careful not to violate your status in any way that would get you placed into deportation proceedings. The most common reason that people are placed into deportation proceedings, and the most obvious, are people who have been convicted of crimes. Certain crimes are going to make you end up in deportation proceedings. You can also be placed into deportation proceedings if immigration discovers you were granted your green card based on fraud. This often comes up when you’re applying for citizenship and they look into your application for your green card. If they have discovered how you got your green card and either omitted something on your application or didn’t get your green card properly, then immigration can deny the application and put you into deportation proceedings. Fraud and criminal convictions are generally the most common ways that green card holders can be placed into deportation proceedings.

For people who are not green card holders, obviously, same thing goes. You can be placed into deportation proceedings for committing a crime. Once you’re in criminal custody, immigration will learn that you are here illegally, or immigration finds you because you are here illegally inside the United States, you’ve applied for a benefit and that application has been denied. I will say currently under the Obama Administration, they are not placing that many people into deportation proceedings aside from those who either have committed fraud or have some type of criminal conviction. If immigration discovers that you’ve violated your status by overstaying, entering illegally, or having violated your status by committing a crime or in the manner and way you got your green card, you can be placed into deportation proceedings at some point in your life.

If you are concerned about something from your past or something that’s coming up such as a criminal case and you need assistance on that, please contact my office to discuss. I often work very closely with criminal attorneys to discuss the best plea or outcome for your criminal case and how best not to affect your immigration status here in the United States.

Cheryl David is an experienced immigration attorney practicing in New York City. If you have any questions regarding a pending criminal case and are concerned about deportation, please contact us and set up your free initial consultation.