Who is subject to deportation?

In my column This week's Consulta Migratoria® explained who is subject to deportation.

This is the column:

The recent arrest of musician and actor Justin Bieber has raised many questions about who is subject to deportation from the United States.

There are many reasons for which an alien could be deported from the U.S., from some acts that many would consider unimportant to others that are serious. But you should know that under certain circumstances, an alien can apply for a waiver which, when granted by the federal government, could stop his or her deportation.

The list is very long, but among the reasons that stand out the most are whether the person:

- He was not admissible when he entered the country or obtained adjustment of status.

- Violated immigration or other laws of the country or had your visa revoked.

- She was admitted as a nonimmigrant and violated the terms of her stay.

- His conditional residency was terminated.

- Knowingly encouraged, incited, or assisted another alien to enter or attempt to enter the U.S. illegally.

- He committed immigration fraud through marriage.

- She was convicted of giving false information to immigration authorities or other violations related to fraud and misuse of visas, permits and other entry documents.

- Received a final order of deportation for fraud or falsification of documents.

- Impersonated a U.S. citizen in order to obtain benefits under U.S. law, including immigration benefits.

- He became a public charge of the government within five years of his entry into the US.

- Has voted in violation of any federal, state or local law.

- He entered the U.S. on a fiancé visa and did not marry the person he was supposed to marry.

- Was convicted of a crime of moral turpitude within the first 5 to 10 years after being admitted to the country and received a sentence of one year or more.

- She was convicted of an aggravated felony after being admitted to the country.

- Was convicted of a drug offense, either in the U.S. or in another country, after being admitted to the U.S.

- She was convicted of unlawfully buying, selling, possessing, or engaging in other transactions involving firearms or other destructive devices, after being admitted to the U.S.

- She was convicted of domestic violence, stalking, child abuse, child neglect or child abandonment, following her admission to the US.

- Has committed or conspired to commit trafficking in persons into or out of the U.S.

- Failed to inform the immigration authorities, in writing, of a change of address within 10 days of a move.

It is of the utmost importance that all foreign nationals maintain excellent moral character. If you get into trouble with the law, never plead guilty to a crime without first consulting with an immigration attorney, as certain crimes are deportable.

Every foreign national who intends to stay and live in the United States should aspire to become a U.S. citizen. As a citizen you have greater protections under U.S. law, including not being deported unless you have obtained permanent residency by fraud.

Please consult with an immigration attorney before beginning any immigration proceedings.

For more information and immigration tips, read my blog inmigracionhoy.com.

Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.

Nelson A. Castillo, Esq. is an immigration attorney and author of La Tarjeta Verde: Cómo Obtener la Residencia Permanente en los Estados Unidos (Green Card: How to Obtain Permanent Residence in the United States). He is a past President of the Hispanic National Bar Association and current President of the Los Angeles Westlake South Neighborhood Council. To contact Mr. Castillo's office, please call (213) 537-VISA (8472).