The terms deportation and expulsion are used interchangeably, but the latter term is often used in national law. Expulsion is more common in international law than in national law. Both terms refer to a person’s deportation. Nevertheless, both terms are still important and must be understood before you start preparing for deportation. There are a number of legal defenses to deportation. In this article, we will explore several of them.
Generally, deportation begins with apprehension or arrest. While this is the most common step in the deportation process, it is not the last. People have rights and can take actions at each stage of the process. Here are some of the most important ones:
A credible fear of persecution can qualify for asylum. Such a fear can be based on race, religion, nationality, political opinion, or membership in a social group. Asylum allows people to seek protection from the repercussions of removal in their country of origin. Asylum also prevents deportation proceedings in the United States. So, if you’re facing deportation, contact a San Antonio deportation attorney to fight your case.
There are many reasons for deportation. In the first place, deportation involves the ejecting of an intruder or a resident from a country. In some countries, the deportation of a citizen is the result of a criminal offence. Usually, deportation is an action that has an immediate and adverse effect on an individual. It can even be used as a form of punishment. It may even include the removal of a family member, a spouse, or a child.
Once deportation has occurred, the Immigration Judge may decide to reopen the case. If there’s an error in law or new facts have come to light, the deportation can be reversed. If an immigration judge finds that the deportation was not the right course of action, he or she can order a new trial. If the deportation order is final, the person can appeal the decision to the Board of Immigration Appeals.
If the deportation of a person is based on a criminal offense, the immigration judge must decide whether the person has realistic grounds for relief. A person may be deportable if they fail to prove their case at a master calendar hearing. However, even certain misdemeanors can make a person deportable. Some examples are fraudulent marriages, helping to smuggle aliens into the United States, and committing crimes against immigrants.
If deportation is the result of a serious crime, the person may have a hard time qualifying for new visas and green cards. However, the person may still be eligible to apply for a new visa if he or she is eligible to do so. The reasons for deportation will also be looked at. Whether the crime was serious or not will affect the person’s eligibility for a U.S. visa. Even if the individual is otherwise eligible, the person may have trouble obtaining a visa to enter the U.S.