For what reasons can a visa-holder be deported?
An immigrant’s right to reside in the United States is not indissoluble. Immigrants who violate certain rules are subject to deportation. The following reasons give cause for immigrants to be deported or removed from the United States:
- An expired visa.
- A material misrepresentation was made on the original immigration paperwork.
- The immigrant is in the United States illegally.
- The immigrant violated the terms of his or her visa.
- The immigrant committed a crime serious enough to give cause for deportation.
How does the deportation process proceed?
If cause rises for deportation, the removal process ensues. This process varies in length, depending upon the particulars of the situation. The following provides a general outline of a typical removal process:
- U.S. Immigration and Customs Enforcement, USICE or “ICE”, serve the alien with a Notice to Appear, which states the reasons for the removal.
- At the first hearing, the alien can ask for time to seek legal counsel. If counsel is requested, a second hearing is scheduled for a later date.
- At the next hearing, the alien is asked to verify whether the reasons for deportation stated in the Notice to Appear are correct.
- If the immigration judge finds that the reasons for deportation are valid, the alien is given a chance to seek relief from removal. If the alien is eligible for relief another hearing is scheduled, otherwise the removal is ordered.
- At the next hearing the alien can give personal testimony and present witnesses. The immigration judge can either give an immediate decision or write a decision at a later date.
- If a removal is ordered, the alien has 30 days within which to appeal the decision to the Board of Immigration Appeals. The Board of Immigration Appeals’ decision can also be appealed to a U.S. Court of Appeals if the alien wishes to do so.
What does the appeals process look like in a deportation proceeding?
After receiving an unfavorable ruling in a deportation proceeding, an alien has 30 days to appeal the decision to the Board of Immigration Appeals (BIA). Immigration appeals are not always easy to win, but the immigrant is generally permitted to remain in the United States throughout the appeals process. The entire process can take as long as several years. During this time the immigrant has ample time to seek experienced counsel and renew employment authorization. If the BIA issues an unfavorable ruling the immigrant may be able to appeal this decision to a U.S. Court of Appeals.

