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If an individual has committed a crime while on a work visa or as a permanent resident, it is possible that he or she will be selected for removal. What this means is that the United States is attempting to send a person back to his or her home country. While permanent residents and those here legally for employment purposes have rights, these rights are not necessarily on par with those granted to citizens.
Drug Use Can Get a Person Deported
Individuals who have admitted to using drugs before or after entering the United States could be deported. The only exception is for a first offense involving the possession of less than 30 grams of marijuana. However, if a person is deemed to be a drug addict, he or she could be removed from the country even in the absence of a criminal conviction.
Committing a Felony May Terminate Legal Resident Status
A felony is considered to be one of the most serious type of crime that a person can commit. Generally, these are crimes such as rape, murder or arson. However, those who steal money or cars could be charged with a felony. The same is true for individuals who are arrested for a second or third DUI within a matter of years. Generally, a person won’t be deported until after being convicted of a second felony, but removal is possible after just a single aggravated felony.
Marriage Fraud Can Be Grounds for Removal
If a person gets married within two years of entering the United States, it could be considered fraud if a divorce occurs less than two years later. This is true if it is determined that the marriage was the reason why an individual was given a green card or other legal status inside of the United States. However, it may be possible to show that the marriage wasn’t fraudulent or wasn’t done solely to defraud the United States government.
Crimes of Violence Carry Significant Penalties
Permanent residents who commit acts of violence including stalking, child abuse or spousal abuse could be forced to leave the United States. They could also face penalties such as fines, prison time or probation in addition to being deported. The same is true if such a crime occurred after a protective order was put in place against an abuser.
How to Respond to a Deportation Notice
As soon as you receive a deportation notice, it is a good idea to get in touch with an attorney. Generally speaking, the odds of obtaining a favorable outcome in a removal proceeding is better when you have legal counsel. This is because an attorney may be able to help prove that you are not guilty of a crime or conspiring to commit one.
In addition to talking with an attorney, be sure to respond directly to the notice in a timely manner. If you are required to submit documentation or submit to an interview, your attorney can help you prepare for it. The more cooperative that you can be, the higher the chances of obtaining leniency from the government.
How Can an Attorney Help In a Deportation Case?
An attorney may be able to show that you did not take drugs, commit an act of violence or otherwise try to defraud the government. This could be done using statements from other individuals confessing to the crimes in question. It may also be possible to argue that you were compelled to break by a person or entity who threatened violence against you or your family.
If it can be shown that no crime was committed, it will likely result in an end to deportation proceedings. It could also be possible to have the charge expunged or sealed, which can be helpful in your quest to become a citizen. The lack of a criminal record can also be ideal when applying for educational or employment opportunities.
Being accused of a crime can carry serious penalties no matter who you are. However, as a permanent resident or temporary worker, it may mean not being allowed to stay in the country. Therefore, it is important that you talk with an attorney and take steps to resolve your case as favorably as possible.