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Deportation Process, Laws and Rules

Deportation occurs when a person or group of people are expulsed from an area or country. Every country has the right to deport foreigners. This right also includes foreigners who have been long term residents of a country. Usually, a person must be guilty of committing a felony crime, enter a country without legal authority, or have an expired visa or somehow lose their legal status in a country will be subject to deportation. There are many rules and regulations that aliens must follow in order to remain in a country. Below are a few of the more commonly asked questions regarding deportation that has been answered by Experts.

How can a person re-enter the United States after being deported for lying on their immigration application?

As a general rule, the U.S. immigration tends to have a low tolerance for people who falsify information on their immigration applications. The usual result is deportation from the U.S. and the alien must remain outside of the United States for a period of 10 years. If the alien is deported or removed due to an aggravated felony, the person must stay outside of the United States for a period of 20 years.

Once an alien has remained outside of the United States for the allotted time, he/she will have to show evidence that he/she in fact stayed out of the states for the stated time. The burden of proving these facts will be on the alien when applying for an immigrant/non-immigrant visa and sitting before the immigration officer.

There are two options for a person who faces deportation:
1. The person can go to his/her homeland and wait until the deportation period has ended and return to the United States legally.
2. The person can petition the Attorney General for special permission to come back to the states before the deportation period has lapsed.

If a spouse was sentenced to deportation because they failed to appear in court however the couple filed an appeal EOIR-26 and it was returned stating they filed the wrong motion. What motion or form does a couple need to file first?

The link provided below will make sense of when to use the form EOIR-26 and when you should use the form EOIR-29. Typically the form to use will depend on which ruling you are going to appeal. You will also find the needed forms on this link.
http://www.usdoj/eoir/eoirforms/eoir26.pdf

A. When to file an appeal:
If you are planning to appeal a decision that was made by an Immigration Judge, you will need to use Form EOIR-26. However, when planning an appealing a decision made by the U.S. Citizenship and immigration Services (USCIS).

The Board of Appeals must receive your Notice to Appeal no later than 30 calendar days from the day the Immigration judge gives his oral decision or within 30 calendar days after the Immigration Judge gives his written decision and it is mailed.

What can an individual do to stop their significant other that has been in the U.S. for 10 years and has a green card from going to immigrant jail and being deported back to Iran where the individual in question will be tortured and killed?

The United States has been known to deport people to Iran, however the U.S. cannot deport a person if there is a chance the person will be assaulted or executed upon return. This may be your significant others only Affirmative Defense to avoid deportation. The individual in question will have to provide proof that he/she will face torture or death if he/she were to return to Iran. There is a possibility that the individual in question will receive probation by the USCIS (United States Citizenship Immigration Services) instead of being returned to Iran. However, this will probably only be an option until Iran is once again a safe deportation choice. What needs to happen now is for you to seek an immigration attorney to file a Motion for Bond for the individual being deported. By accessing a bond, the individual will be able to stay out of jail for the meantime.

If an individual from Russia has received a deportation notification, if the individual were to marry a U.S. citizen immediately will the individual be able to stay once married?

In many cases, the individual will not be allowed to stay just because he/she is marrying an U.S. citizen. However, this may help the individual if he/she tries to apply for re-entry into the states.

At this point, your individual’s husband may want to file a Form I-130 and petition (for the immigrant) for a Visa to immigrate to the U.S. This form must be filed as soon as possible in order to gain legal status for their new spouse.

You or the spouse can contact the USCIS to get all of the important information, forms, and instructions on how to file the form. This number will connect you to the help line: 1-800-375-5283.

Many aliens who wish to come to the United States are unaware of the penalties that occur when filing an immigration application. The smallest of un-truths can result in the person's deportation. When threatened with the possibility of deportation, many have questions and need answers fast. If you have questions or concerns regarding deportation, you should ask an Expert for legal insight.
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