Both legal and illegal immigrants can face deportation. If someone is facing possible deportation, they can discuss the circumstances with a Deportation Attorney in Cincinnati OH to determine if there is a way to avoid deportation or to speed up the process and avoid a lengthy detention if th there is not.
One reason for deportation is being in the country illegally. This can occur in a number of ways including overstaying a visa, violating the terms of a stay, or illegally crossing the border.
Those in the country legally can also be deported, whether they are on a short visit or have legally immigrated. Criminal conduct is the primary cause of deportation for those in the country legally and what crimes lead to deportation depends on the length of the person’s stay in the country. Violent felonies and most drug charges, including all drug charges considered a felony by the federal government, will lead to near certain deportation. Most other felony convictions will also lead to deportation. Crimes of moral turpitude, such as fraud, theft, or child pornography, can lead to deportation even if they are misdemeanors. Prior to entering into any plea agreement as a result of an arrest, a person who is not a citizen of the United States should discuss the possible immigration consequences with a Deportation Attorney Cincinnati OH.
There are several possible defenses to deportation depending on the reason a person is facing deportation. Asylum may be granted where a person faces possible persecution by the government of their home country or may be placed in physical danger by being returned there. If a removal order has been issued, it can be cancelled upon a showing of good moral character, that the person has never been convicted of certain disqualifying crimes, and that their removal may impose a hardship on members of their family. A motion to reopen a previous decision can be made when new evidence is discovered or the person’s circumstances have significantly changed since the decision. An appeal is an attack on the fairness of an original order. Deferred action can be applied for in the case of those who entered the country prior to the age of 16 if they meet requirements including age and education.