Deportation is “the act or an instance of removing a person to another country; esp., the expulsion or transfer of an alien from a country,” according to Black’s Law Dictionary Seventh Edition.  In the United States, an alien who violates U.S. laws, whether immigration or other laws, can be formally removed by the federal government through a “removal proceeding”.  Once removed, the alien may lose the right to re-enter the United States.

A removal proceeding is a formal legal proceeding against the alien who has violated the terms of his or her visa or a U.S. law.  This proceeding is initiated by the federal government, through the Attorney General, against aliens who are non-citizens and either have legal permanent resident status or nonimmigrant status.  It is important to note, that while the alien is within the borders of the United States, he or she has the right to be heard and challenge the deportation action.

If you are in the United States and are not a U.S. citizen, you may be deportable if you fall under the categories of deportable aliens listed below.  Any alien in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens: 

(1) If you violate your immigration status while you are in the U.S.;
(2) If you are in the U.S. in violation of U.S. laws;
(3) If you fail to maintain your non-immigrant status;
(4) If you were given conditional permanent residence but has been terminated;
(5) If you have encouraged, assisted, abetted or aided illegal immigration at the time of any entry or within five years of any entry;
(6) If you marry for the purpose of obtaining immigration benefits;
(7) If you become a public charge within five (5) years of entering the U.S. because of causes arising before you entered the U.S.;
(8) If you’ve engaged in espionage, sabotage, illegal export of goods, technology or sensitive information;
(9) If you engaged in a criminal act that endangers public safety or national security;
(10) If you engage in any activity the purpose of which is to oppose, control, or overthrow by force, violence, or other unlawful means, the U.S. government;
(11) If you fail to register a change of address;
(12) If you are convicted for a violation of fraudulent statements or for a violation relating to fraud and misuse of visas;
(13) If you are under a final administrative order for a violation document fraud;
(14) If you falsely claimed to be a U.S. citizen to obtain legal benefits.
(15) If you voted in the U.S.;
(16) If you have been convicted of or admit to the commission of certain crimes, including multiple criminal convictions, crimes of moral turpitude, aggravated felonies, high speed flight, drug-related offenses, firearms violations, and domestic violence, stalking and protective order violations.

If you conclude in your analysis that you may be deportable based on the circumstances listed above, then you should immediately seek the services of a competent and reputable attorney in your area. 

However, you must always take a preventive approach. As a non-U.S. citizen in the United States, you must always be mindful of what you do in the U.S. especially as it affects and relates to the immigration benefits you were given. 

You must always keep your immigration record clean so that it will be easy for you to apply for and receive benefits. 

Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines.  Atty. Templo specializes in U.S. Immigration matters.  The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.  For your comments and questions, Atty. Templo can be reached at mdt@templolaw.com or log on to www.templolaw.com.