The 6 Most Common Reasons for Deportation

Deportation is one of the most serious consequences in immigration law. It can happen to anyone in the U.S. without citizenship — even green card holders and people with legal visas. Understanding what can trigger deportation is important for anyone navigating the immigration system.

Immigration authorities can start removal proceedings against any non-citizen for various reasons, including criminal convictions, fraud, or visa violations. This article explains the most common reasons people face deportation under U.S. law.

If you’re facing deportation or have questions about your immigration status, consult with an immigration attorney. They can help identify potential defenses and explain the options available to help you stay in the United States.

Understanding Deportation and Removal Proceedings

Deportation, also called “removal” under U.S. immigration law, is the process by which the government expels a person from the United States.

Immigration authorities begin removal proceedings when they find someone qualifies as deportable or commits a deportable offense. An individual can be deported regardless of how long they have had legal status.

Federal immigration law outlines six main categories of deportable offenses:

1. Entry Violations or Failure To Maintain Legal Status

This category covers people who were not legally admitted into the United States, or who later violated the terms of their legal status. Common examples include:

• Being inadmissible when you first entered
• Staying in the U.S. illegally
• Violating the conditions of your visa or immigration status
• Losing conditional permanent resident status
• Helping others enter the U.S. illegally
• Marriage fraud

Many of these violations involve entering the country illegally or not following the rules of your immigration status. For example:

• A student on an F-1 visa who stops going to school
• A tourist on a B-1/B-2 visa who starts working without permission

Both situations violate the terms of their visas and can lead to deportation.

2. Commission of Criminal Offenses

Criminal convictions are among the most common reasons people face deportation. Even a misdemeanor conviction can trigger removal proceedings, whether you’ve been in the U.S. for a few months or for decades. The type and severity of the crime determine whether deportation is mandatory or if the person can apply for relief.

Aggravated Felonies

These serious crimes usually result in mandatory deportation:

• Murder and voluntary manslaughter
• Drug trafficking
• Illegal gun, explosives, or weapons trafficking
• Violent crimes with prison sentences of 5+ years
• Theft or burglary with prison sentences of 5+ years
• Possession of child sexual abuse materials (child pornography)
• Running prostitution businesses
• Espionage or sharing national defense secrets
• Human trafficking
• Failing to appear for sentencing when the original crime carries 15+ years

People convicted of aggravated felonies typically face mandatory detention. They are usually barred from most forms of deportation relief.

Crimes of “Moral Turpitude”

These are crimes considered inherently evil or against basic moral standards:

• Murder, kidnapping, robbery, aggravated assault
• Fraud and crimes involving intent to deceive
• Embezzlement and theft
• Forgery and perjury
• Lying to government agencies
• Tax evasion and bribery
• Burglary

Other Deportable Criminal Offenses

Additional crimes that can lead to deportation include:

• Other drug crimes (including simple possession)
• Gun-related convictions
• Domestic violence, stalking, and child abuse
• Federal crimes like treason, sabotage, and sedition

3. Registration and Document Violations

This category covers violations of federal requirements for foreign nationals. It also includes various forms of document fraud.

Examples include:

• Failing to register as required by law
• Creating or using fake documents
• Document fraud
• Falsely claiming to be a U.S. citizen

These violations typically involve trying to bypass immigration laws through deception.

4. National Security and Related Grounds

People involved in activities that threaten U.S. national security, public safety, or foreign policy interests can be deported. Examples include:

• Terrorist activities
• Actions that conflict with U.S. foreign policy
• Participation in Nazi persecution, genocide, torture, or extrajudicial killing
• Violating religious freedom
• Recruiting child soldiers

5. Becoming a Public Charge

This category applies to noncitizens who become dependent on government assistance shortly after arriving in the United States. This can lead authorities to believe they may have lied about their ability to support themselves during the immigration process.

A person can be deported if they:

• Become a public charge within five years of arrival
• Had conditions that existed before entering the U.S. that caused this dependency

For example, let’s say someone hides a serious medical condition when completing their visa application. Then they immediately need extensive medical care after arriving in the United States. They can’t get their own insurance, so they have to rely on government-funded programs. This can lead immigration authorities to deport them for becoming a public charge.

6. Unlawful Voting

This category covers those who illegally participate in federal, state, or local elections without proper authorization or in violation of election laws.

Who Can Be Deported?

Any foreign nationals in the United States can face deportation, regardless of their immigration status. The risk varies based on your current legal standing and circumstances.

Permanent Residents and Green Card Holders

Green card holders (lawful permanent residents) are not protected from deportation. They can be deported for violating U.S. laws, including criminal and other violations listed above.

Temporary U.S. Visa Holders and Other Non-Immigrants

People with temporary legal status can face deportation if they violate the terms of their visa. This includes those in the U.S. on:

• Work visas
• Student visas
• Tourist visas
• Other temporary visa categories

Common violations include:

• Overstaying your visa
• Working without authorization
• Failing to meet visa requirements (like attending school)

Undocumented Individuals

People in the U.S. without legal status can be deported at any time. This includes:

• Those who entered illegally
• People who overstayed their expired visas
• Those whose asylum claims were denied

U.S. Citizens by Birth vs. Naturalization

Born citizens cannot be deported. Naturalized citizens can have their citizenship revoked. The process is called “denaturalization.”

It is rare for the U.S. government to pursue denaturalization. But it can happen if officials prove someone became a citizen by:

• Hiding important facts
• Lying during the process
• Obtaining citizenship illegally
• Violating federal requirements

If citizenship is revoked, the court cancels the naturalization certificate, and the person must surrender it to the Attorney General.

Common Defenses for Deportation

Removal or deportation proceedings are serious matters. However, multiple defenses and forms of relief are available under immigration law. Some of the most common types of relief from deportation or removal are:

• Discretionary relief
• Adjustment of status
• Cancellation of removal
• Application for asylum
• Temporary protected status
• Voluntary departure
• Administrative appeals and judicial review

Your options will depend on the details of your case. An experienced immigration lawyer can explain whether it is possible to stop removal.

Can I Return to the U.S. After Deportation?

Returning to the United States after deportation can be difficult. Under federal law, someone who is removed or deported is known as an “inadmissible alien.” The law also permanently bars certain individuals from returning to the United States.

For instance, someone convicted of an aggravated felony may face permanent consequences. They may never be able to return to the United States.

However, deportation isn’t always permanent. If you were deported or removed from the U.S., you can request permission to reapply. Form I-212 does not automatically grant entry back into the United States. But it can open up a pathway for a new visa or green card.

Without it, the U.S. can deny your reentry into the country.

What if Deportation Would Harm My Family?

Federal immigration law recognizes the impact removal can have on families. So it provides certain protections for qualifying relatives. This protection is known as the “601 waiver.”

Who Can Use This Waiver?

You may be able to get this waiver if your removal would cause “extreme hardship” to your family member who is:

• A U.S. citizen, OR
• A lawful permanent resident (green card holder)

Which Family Members Count?

A 601 waiver only applies to hardship for:

• Your spouse
• Your parent
• Your child

What Situations Does It Cover?

This waiver can help with certain criminal issues that would normally make someone inadmissible to the U.S., including:

• Crimes involving moral turpitude (crimes that show bad character)
• Drug-related offenses

What Do You Need To Prove?

To get this waiver, you generally need to show:

• Your family member would face “extreme hardship” if you were removed
• You deserve a favorable decision despite the criminal issue
• Granting the waiver would serve the public interest and keep families together

This waiver can help prevent deportation, but it doesn’t automatically give you permanent legal status. Each case is different and requires careful legal analysis. It’s important to speak with an immigration attorney who can review your specific situation and explain your options

How Long Does the Deportation Process Take?

The removal or deportation process can take anywhere from days or weeks to several years. Many factors come into play, such as:

• Court backlogs: Immigration courts are very busy, which means many cases wait months or even years before being heard.
• The type of removal: If someone is caught at or near the border without proper documents or commits certain crimes, their removal will probably be expedited. Their case might be processed in days or weeks. A standard removal moves much more slowly and includes a “Notice to Appear” before an immigration judge.
• Need for an interpreter: Those required to appear in immigration court have the right to an interpreter. A removal case might be delayed due to interpreter availability.

The Immigration and Nationality Act also requires that a person be given a reasonable amount of time to:

• Find and meet with an immigration attorney
• Prepare their case
• Collect evidence that might help them

Cases involving any type of relief from deportation or removal could also extend the process.

If You’re Facing Deportation, an Immigration Attorney Can Help

A deportation proceeding could result in life-altering consequences. If you or your loved one is facing removal proceedings, contact an immigration attorney. An experienced immigration attorney can evaluate your specific circumstances and identify potential defenses. They can also find the best type of relief applicable to your case.

FindLaw’s directory of immigration attorneys can get you started. Both federal and state immigration laws are relevant, so your attorney should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.