When non-resident immigrants commit a criminal act in Arizona, they are subject to deportation. When this happens, they could be removed from the country for a period of time, or in some situations, permanently. In most cases, the removal is subject to a formal, legal process in which they are granted certain rights to defend their case. However, those rights, even when conferred, may not be enough to stop the process. So, why could such a person get deported?
Grounds for deportation
Some common reasons for deportation of a non-citizen include the following:
- Conviction of a criminal act
- Being a party to a sham marriage
- Entering the U.S. illegally through an unofficial border crossing
- Aiding an immigrant to enter the U.S. illegally
- Staying in the U.S. despite an active inadmissible classification
- Breaching a condition that would have allowed them to enter the U.S. legally
- Gaining entry with falsified documents
- Voting unlawfully
- Becoming a threat to national security
- Willfully ending a conditional permanent residence
Time is of the essence
Getting the news your loved one is going to be deported can be a traumatic experience. In some instances, non-resident immigrants who have been found guilty of committing one or more of these violations can be deported within 24 hours. If they have been in the country less than two years, or engaged in violent criminal activity, the standard protocol could be circumvented. There may be no legal proceedings to challenge the deportation.
The right to appeal
If there is a light at the end of the tunnel, it is the 30-day opportunity given to appeal the deportation to the Board of Immigration Appeals. Furthermore, they may have two more opportunities to appeal the unfavorable decision to a higher level. An experienced Arizona immigration lawyer can be critical to ensuring the process is done correctly.