Avoiding the Removal Process as a US Immigrant

Removal is the process of removing non-US citizens from the country. This generally occurs because someone is found to be deportable or not eligible for admission to the US in the first place. The process of removal is upsetting and can be financially and emotionally devastating as well. If you have immigrated to the US and have a job, friends, and family here, removal from the United States can deprive you of many of the things you value in life. You may need to pay a great deal of money in order to start over in a new country and you may have to spend a great deal of money trying to immigrate back to the US after your removal.

There are different reasons for removal from the United States:

1) Someone entered the United States illegally. A person who has illegally entered the US (by entering the US without applying at a port of entry, for example) is considered a deportable alien and is subject to removal.

2) Someone who entered the United States legally but violated the terms of their visa or stay authorization. A person who has entered the US legally can still be found a deportable alien if they have violated the conditions of their stay. For example, if you are not authorized to work in the US, it is important to avoid working in the US. If you have a valid visa, it is important not to remain the US longer than the visa permits. Doing so can subject you to removal.

3) Criminal activity. In some cases, people who commit serious crimes while in the US on a visa or a non-immigrant or non-permanent basis are subject to removal.

There is a difference between being inadmissible and being deportable. Being deportable applies to someone who is in the US. Someone who is inadmissible is not eligible to enter the US. Someone may be inadmissible due to violating visa terms, criminal conduct, immigration fraud, or criminal activity. In both cases, someone who inadmissible or deportable may be removed from the US.

If you have violated the terms of your stay or have been accused of a crime and fear that authorities may try to remove you from the US, speak with a qualified immigration attorney at once. An immigration attorney can offer legal advice and may even be able to prevent your removal from the United States. If you are trying to enter the US and are found inadmissible, you can withdraw your request to enter the US and seek the help of an immigration attorney.