Can a green card holder be deported? Is any of us, immigrants in the USA, not threatened with deportation in a country that is drastically changing its attitude towards even legal immigration?
Please read the information below to know how we should behave if we are detained by ICE or even if we only witness other people being detained. Just in case, you should also always have your immigration lawyer’s phone number with you. You can find the best immigration lawyer in New York, this city is full of them.
The main reason for deportation is immigration crime.
Immigration offenses have great consequences, which, unfortunately, most people do not know much about. In many situations, criminal offenses result in a “visit” to the Immigration Court. Such cases usually involve people who have been convicted or accused of a criminal offence and have no regulated immigration status.
Unauthorized immigration means that you are illegally in the United States with a visa, without a visa, or in the process of sponsoring. It’s also important that even green card holders can be threatened with removal from the United States. Only US citizens aren’t threatened with deportation.
The classification of offenses varies, but following strict immigration laws, all cases brought before the Immigration Court usually end up in an immigration prison. Some cases also result in deportation due to an undocumented stay associated with a criminal offense. It’s also irrelevant whether the crime took place 5 or 15 years ago, as most criminal offenses are never time-barred.
Nowadays, the verification of the immigration status of prisoners is practically instantaneous. The Immigration Police (ICE) is connected with almost every prison. This means that access to prison records is no problem for ICE. Immigration officers check every person who is placed in custody. Lack of data that can confirm immigration status and/or commit a misdemeanor that may be against immigration law will allow the Immigration Service to transfer you to an immigration prison after you are released from custody or serve your sentence in a regular prison. Due to overcrowding, this experience can turn into a “tour” of prisons in other states pending release (usually Florida or Texas).
An immigrant who are detained for lack of regular immigration status and who has committed a crime or misdemeanor has a chance to pay a bail in order not to go to an immigration jail.
However, immigration law doesn’t allow people who have been charged with a so-called serious crime to leave the immigration prison on bail. Serious crimes include murder, rape, drug trafficking, armed robbery, serious theft, forged documents, or smuggling of people. These crimes are classified in the United States as ‘aggravated assault’ and are punishable by up to one year’s imprisonment. Even if a person has never been convicted before and has been charged with a serious crime, the intervention of the Immigration Police is practically guaranteed.
The next type of offenses is those that contain elements of the so-called “bad character”. These offenses are classified as various types of fraud, assault, and theft, and they also complicate the chances of leaving an immigration prison on bail, but the person can apply to the Immigration Board for a designation. In a bond hearing, the Immigration Judge will decide whether the person will pose a threat to society and that he or she will appear before the Immigration Court when required in the future. The above and other factors have a significant impact on the final decision of the Judge. One of these factors is the possibility of defending against deportation in the future. If a person is unable to comply with these vampires, this can mean that the bail, if at all possible, can be as high as $25,000.
If you’ve been in the United States for at least 7 years, had a green card for 5 years before the deportation procedure was initiated, your offense isn’t a serious one and you haven’t had a similar deportation case in the past, you have the right to seek a cancellation of your deportation. The criteria for people staying illegally in the United States are very different. The benchmark for defending against deportation for visa-exempt persons is that if a person who has been in the United States for at least 10 years has not committed any crime, is perceived to be of “moral good character” and his or her family legally residing in the United States will suffer deportation, that person may be eligible to apply to prevent deportation.
The rules are very strict, and with the current term of President Trump’s office, they’re now more enforced and interpreted against illegal immigrants, especially those who are in conflict with the law. Therefore, anyone, even those accused of committing a crime, should contact a lawyer to see if they can avoid contact with the Immigration Police and not be in the Immigration Court or have a complex deportation case.
We hope this article has been helpful and has provided you with new information or guidance about the law. However, we would like to remind you that the information provided above does not constitute or replace legal advice. Each situation is different and requires individual analysis. The article will not replace a conversation with a lawyer, because the information provided is very general and the law is extremely sensitive to facts and circumstances. In order to obtain a specific indistinct analysis of your legal situation, you should consult an immigration lawyer.