Can you be deported after becoming a citizen
The Department of Homeland Security takes the position that they can denaturalize someone in an administrative proceeding, but at least one court has held that the regulations which purport to allow DHS to denaturalize someone lack statutory authorization and are therefore void.
If you have questions about denaturalization or if someone is claiming that you or a loved one committed fraud in the immigration context, you should consult with an experienced immigration attorney.
For example, crimes can include various misdemeanors and felonies. Ultimately, it is up to the U. In the past, these specific offenses were determined to be CMTs:. CMTs make you inadmissible to the U. They are deportable offenses and also prevent you from meeting the good moral character requirement for U. If you believe a crime you committed may be a CMT, you should speak to an attorney as soon as possible.
However, it often gets applied to crimes prosecuted under state laws. These crimes can be classified as either misdemeanors or felonies. The following crimes are considered aggravated felonies under U. Any drug convictions made after the time of admission can be causes for deportation or inadmissibility. Certain firearm offenses are grounds for deportation for green card holders.
This includes violations for selling, possession, and carrying offenses. As a permanent resident, you need to be on your best behavior. The best rule of thumb to follow is to avoid any questionable acts or situations that may jeopardize your ability to remain in the U. Only U. Yes, but only under particular circumstances. Also, remember that once you get deported, it becomes virtually impossible to become a citizen. While it is technically possible to reverse deportation for green card holders, it will be challenging to re-enter and lawfully stay or become naturalized in the U.
In most cases unless, for example, there is an outstanding order of removal in your file , you have a right to defend your case in immigration court. For some types of deportability, the law may provide a waiver legal forgiveness that you can apply for.
Definitely get expert help from a lawyer's help if you are facing removal proceedings or believe you might have become deportable. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state.
Grow Your Legal Practice. Meet the Editors. Grounds of Deportability: When Legal U. Residents Can Be Removed. Even someone with a green card lawful permanent residence can, upon committing certain acts or crimes, become deportable from the United States.
This article discusses the bases upon which a permanent resident can be deported. Deportability Isn't the Same as Inadmissibility First, let's get clear on which part of the law we're talking about.
Again, permanent residents who have been absent from the United States for fewer than continuous days don't have to worry about admissibility upon return except if they have committed certain crimes.
Had conditional permanent resident status applicable to certain spouses, sons, and daughters of U. Before, during, or within five years of the date of any U.
Otherwise, the court will set a bond requirement, and the individual may be released from detention once they post the bond. Master calendar hearing — this is the first official hearing in the standard removal process. At this hearing, the judge will read the charges, and the accused will affirm or deny the charges. The judge will outline what reliefs aka defense against deportation the individual can assert, and then schedule a formal hearing.
Merits hearing — the merits hearing is where ICE presents its case against the accused individual, and he or she has the opportunity to present a valid defense as to why they should not be deported from the country. A merits hearing could wrap up in a few hours, or it could take days depending on the complexity of the case.
If not, the judge will issue a removal order to deport the individual. In some cases, they may also appeal to the Circuit Court of Appeals, and ultimately the Supreme Court.
0コメント