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Life After Deportation from US

By Kathy Jones Subscribe to RSS | June 5th 2012 | Views:

Deportation is a nightmare that threatens many of the immigrants who stay illegally in US. Sometimes deportation approaches persons who are convicted of an aggravated felony and similar criminal grounds. Such unlawful activities may pose deportation proceedings on immigrants living in US. Such proceedings may have contrary effects if the immigrant has a family in US or children who are US citizens. Life after deportation becomes critical for both: those who got deported and their families. Getting to know about the deportation and the process can give an idea of how to avoid deportation and the knowledge of what to do after deportation can help in reducing the worries and hence the scope of this article deals with the afore mentioned facts.

Grounds of Deportation

Aliens in US need to be aware of the unlawful activities that are subject to deportation:

• Failing to maintain the non-immigrant status

• Committing marriage fraud

• Presenting false documents

• Committing aggravated felony

• Possessing destructive devices

The above are the various grounds for deportation under U.S. law. An alien in the U.S. has the legal right of due process. An alien may defy the exile order either in the courts of appeal or in the federal district courts. It is vital to check with attorneys instantly and file an appeal as soon as possible.

Hope after deportation

Immigrants travel along long roads to fetch legal status and sometimes they decide to leave United States after they lose hope of ever returning. However, contemporary case law may offer a expelled immigrant that lost hope of actually returning to the United States. All the U.S. Courts of Appeals that have talked about this particular issue have come to the decision that a non-citizen who lives out of the United States can be allowed to file a motion to reopen their immigration proceedings in the US.

Deportation Waiver

Deportation waiver allows an alien deported from US to re-enter into US. Both non-immigrants and immigrants who were deported may need this waiver. Whether they need a waiver or not depends on how long ago the alien was deported. Once a foreign national has been expelled from the United States, the alien will not be able to return devoid of a deportation waiver for 5, 10 or 20 years depending on the conditions surrounding the expatriation. After the ban period is over however, the applicant may not have to file a deportation waiver in order to re-enter the US.

Deportation Waiver Forms and Types

The deportation waiver is filed on form I-212 (Application for Permission to Re-Apply for Admission into the United States after Deportation or Removal) by the immigrant visa applicants. Nonimmigrant visa applicants who have a previous extradition on their record must apply for permission to re-enter. Unlike immigrant visa applicants, however, most nonimmigrant applicants file the deportation waiver using the information 212(d)(3) waiver process.

Avoiding critical situations that can lead to deportation is the best way to escape deportation. People who have completed the residency requirement with green card need to take steps to file citizenship form and face the citizenship test to become a US citizen so that you may not be deported for any afore mentioned reasons.

Kathy Jones - About Author:
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