Common Reasons for Getting Deported from America

By: Jarbath Pena Law Group

The fear of deportation, or removal from the U.S., is real and overwhelming. Every year, thousands of people face the threat of removal from the United States, and this threat often leaves them uncertain about their future and what comes next. If you are worried about deportation, you are not alone. Many people fear the possibility of being forced to leave their families, jobs, and the lives they have worked so hard to build.

If you are not yet a naturalized citizen, you might wonder what commonly gets people deported. The most common reason is criminal activity, but other reasons include immigration fraud, violating the terms of your visa, or failing to respond to deportation proceedings. Understanding the reasons for deportation can help you take the right precautions to avoid unnecessary risks. In this guide, the attorneys of the Jarbath Peña Law Group will walk you through the top reasons people get deported, what deportation entails, and the steps you can take to protect yourself.

What Is Deportation?

Deportation, also known as removal, is the formal process of expelling a non-citizen from the United States, usually for violating immigration laws. While immigration judges preside over removal hearings, the U.S. Immigration and Customs Enforcement (ICE) oversees the process of detaining and removing people from the country. Deportation can happen for several reasons, but it typically occurs when the government determines that an individual has violated immigration laws or poses a threat to public safety.

Who Is Vulnerable to Deportation?

Who can be deported? Essentially, the government can deport anyone who is not a citizen of the United States. Such people include:

• Undocumented immigrants,

• Temporary visa holders, (with an expired status)

• Permanent residents (green card holders) who are not yet naturalized citizens, and

• Asylum seekers or others with temporary humanitarian status.

  
  

Even individuals who have lived in the U.S. for several years, even decades, can face deportation under certain circumstances. 

What Are the Most Common Reasons for Deportation?

Let’s look at some common reasons people get deported from the U.S.

Criminal Activity

The most common reason for deportation is criminal activity. Certain crimes make an immigrant automatically deportable, including the following:

• Aggravated felonies—such as murder, rape, or drug trafficking;

• Drug-related offenses—including possession, possession with intent to sell, and drug trafficking;

• Crimes of moral turpitude—crimes that involve dishonesty or harming other people, such as fraud, theft, or domestic violence; and

• Firearm-related crimes—like illegal possession of a firearm, trafficking, or using a firearm while committing another crime.

Even minor offenses can sometimes trigger deportation proceedings, especially if they involve repeat offenses or violence.

Being Present in the U.S. Without Authorization

Despite not having a criminal record, if you are present in the country unlawfully, you have a constant risk of deportation. Some common ways people become undocumented include:

• Entering the U.S. without inspection (i.e., crossing the border illegally);

• Overstaying your visa;

• Violating your visa terms; or 

• Failing to renew your visa or work permit.

  
  

If you are undocumented, it is crucial to seek legal guidance promptly to explore options for adjusting your immigration status.

Immigration Fraud

Providing false information to immigration authorities when you submit your application can lead to deportation. Immigration fraud includes:

• Marriage fraud—marrying a U.S. citizen for the sole purpose of obtaining a green card;

• False documents—using fake passports, birth certificates, or visas; and

• Misrepresentation—lying on immigration applications or at an interview.

  
  

Even if you did not intend to commit fraud, immigration authorities can interpret mistakes on your paperwork as deception. Always ensure your immigration filings are accurate and truthful. If you are concerned about completing your applications properly, enlisting the help of a seasoned attorney is one of the best ways to ensure you have covered all your bases.

Failing to Attend Deportation Proceedings

If you receive a Notice to Appear (NTA) in immigration court, ignoring the notice and failing to appear can lead to an automatic deportation order. Missing court hearings, failing to provide requested documents, or not following through on legal procedures can result in removal. If you fail to update your address and the paperwork comes to a prior address, this can lead to you inadvertently missing a court date.

Be sure to always respond to legal notices promptly and work with an attorney to ensure you do not miss critical deadlines.

Violations of Visa or Other Status Conditions

If you entered the U.S. on a visa, you must comply with its conditions. Violating these terms can lead to deportation. Common visa violations include:

• Working without authorization to work—such as working when you are here on a tourist visa;

• Failing to maintain required status—such as when you have full-time student status on an F-1 visa but you withdraw from school  (or are otherwise not enrolled) and you remain in the country; and

• Overstaying—staying beyond the permitted time on a temporary visa or after the primary visa holder loses their status when you are here on a spouse or dependent visa.

  
  

If your visa is nearing expiration or you have accidentally violated its terms, consult with an immigration attorney immediately to find the best way to remedy the situation.

Public Charge Violations

In some cases, people who become a financial burden on the government can face deportation. The people primarily affected include those who:

• Rely heavily on public benefits, such as cash assistance or Medicaid; and

• Are deemed unable to financially support themselves.

  
  

While the public charge rule has changed over time, it remains a factor in some cases. It is essential to understand how immigration policies impact your ability to receive benefits without jeopardizing your status.

National Security Threats

If the government has reason to believe you pose a threat to national security, you can be deported. This includes individuals involved in activities such as:

• Terrorism;

• Espionage; and

• Violent extremism.

  
  

Even indirect associations with extremist groups can raise red flags with immigration authorities. If you believe you are under investigation for national security concerns, seek legal help immediately.

Defenses Against Deportation

Facing deportation does not mean you are out of options. There are legal defenses that may help you remain in the U.S., including the following:

• Asylum or refugee status—if you fear persecution in your home country, you may qualify for asylum;

• Cancellation of removal—if you have lived in the U.S. for a long time and meet certain criteria, you may be eligible to have your removal canceled;

• Waivers for inadmissibility—some immigration violations can be forgiven through legal waivers;

• Adjustment of status—if you qualify for a green card through family or employment, you may be able to change your status instead of being deported; and

• Prosecutorial discretion—in some cases, ICE may choose not to pursue deportation if you have strong ties to the U.S.

  
  

A skilled immigration lawyer can evaluate your situation and help you find the best defense strategy.

Call the Jarbath Peña Law Firm If you Need Help

Deportation is a frightening possibility, but understanding the risks and knowing your rights can make a significant difference. If you are concerned about deportation, take proactive steps to protect yourself. Avoid criminal activity, comply with visa regulations, and seek legal assistance if you encounter any immigration issues.

At the Jarbath Peña Law Group, we help individuals and families fight deportation and secure their future in the U.S. If you need guidance or are facing removal proceedings, do not wait—contact us today. Call (305) 615-1005 or visit our website to set up a consultation.

Your future matters, and we are here to help you stay where you belong.