Deportation

Deportation refers to the official removal of an alien from the United States.  The U.S. government can initiate deportation proceedings against aliens admitted under the INA that commit an aggravated felony within the United States after being admitted.  An alien's failure to register a change of address renders the alien deportable, unless the failure resulted from an excusable circumstance or mistake.  If the government determines that a particular alien gained entry into the country through the use of a falsified document or otherwise fraudulent means, the government has the grounds to deport. 
Other common grounds for deportation include the following: aiding or encouraging another alien to enter the country illegally; engaging in marriage fraud to gain U.S. admission; participating in an activity that threatens the U.S.'s national security; voting unlawfully; and failing to update the government with a residential address every three months, regardless of whether the address has changed.

If the government brings a proceeding for deportation because of fraud or falsification, the government bears the burden of proving by clear and convincing evidence that alleged falsification or fraud occurred and that the falsification or fraud proved material to the granting of admission to the alien.  Upon such a proof, the government has established a rebuttable presumption that the alien gained admission through material falsification or fraud.  To rebut the presumption, the alien must demonstrate by a preponderance of the evidence that admission would have been granted even without the falsification or fraud.

Back

Law Offices of Joseph J. Voccola, Esq.

454 Broadway
Providence, RI 02909
Phone: 401-751-3900
Fax: 401-751-8983
Email: joevoccola@joevoccolalawoffices.com

Meet Joseph J. Voccola, Esq.

Joseph J. Voccola, Esq. Joseph J. Voccola, Esq. brief bio.
Continue reading...