Angel: What are the laws an immigrant would break to be deported?
I am curious what the laws are on legal immigrants and deportation of those of them that do or do not break the law in the U.S. What about military immigrants?
Answers and Views:
Answer by ChrisT
Overstaying their visa.
Immigrants and nonimmigrants may be subject to removal from the United States on the ground that they have violated their status for being in the country.
Student Visa Abusers
Students admitted into the United States under F-1 visas may be removed and be subject to a five-year inadmissibility determination for violating the requirements of their F-1 visa status. Examples of acts constituting violations include:
Failing to attend the school that the student was authorized to attend
Failing to follow procedures in transferring to other schools
Failing to maintain full-time student status
Failing to attend school
Failing to renew the F-1 visa to continue to the next educational level
Aliens Lacking Proper Documentation
Aliens who fail to maintain proper or valid documentation such as passports, visas and border crossing cards are considered to be status violators and may be subject to exclusion, removal. Examples of status violators include:
Aliens without any documentation
Aliens who work without authorization
Holders of expired passports or visas
Nonimmigrant visa holders who intend to remain permanently in the United States
Persons holding special permit visas or reentry permits that were improperly issued to former residents whose original residence was not lawful or whose absence was not temporary
Holders of immediate family member visas who are later found not to be immediate family members
Holders of visas that were obtained by fraud, fraudulent means, or the willful misrepresentation of a material fact
Aliens Unlawfully Present
Aliens unlawfully present in the United States are considered to be status violators and are ineligible for admission or reentry for three to ten years from the date of departure. Generally, the term unlawful presence had been defined to mean:
Periods of stay beyond the date noted on the visa or border crossing card
Continued presence in the United States after a determination of a status violation in adjudication of an immigration application or in an exclusion, deportation or removal proceeding
Exceptions to the three-year and ten-year bars to admission or reentry may apply to:
Minors
Refugees
Asylees
Alien beneficiaries of family unity protection
Battered women and children
Victims of human trafficking
Cubans, Haitians, and Nicaraguans who apply for adjustment of status
Aliens granted withholding of removal or cancellation of removal pending adjustment
Aliens under a current grant of deferred enforcement of deportation or temporary protected status
Aliens with properly filed applications for adjustment of status
Exchange visitors (J status) who hold I-94 cards marked “D/S” (Duration of Status) and who are subject to the two-year home-residence requirement (not all J visitors are) and are seeking to have it waived
Aliens who are unlawfully present for more than one year or who were ordered removed may be subject to a permanent bar. However, they may reapply for admission after waiting 10 years and after obtaining the Secretary of Homeland Security’s consent to their reapplication.
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