In one year alone, over one million non-nationals were able to gain legal permanent resident status in the U.S. However, not everyone who enters the U.S. seeking residency is able to obtain it and every year, people are removed or deported from the country. It is crucial to understand the laws and processes behind immigration and deportation law, especially if someone you know is facing the possibility of deportation. Although the situation may seem overwhelming, there are ways to avoid deportation and remain in the country.

Immigration does not necessarily mean the individual entering the country wishes to gain citizenship. It technically refers to permanent residency and the ability to work. There are four main reasons which determine who the United States allows to immigrate. First is family reunification. If they have a family member who is a permanent resident or a citizen, it may be possible for them to enter the country in order that they be united. This does not cover every family member and the immediate family is given preference. Another reason the U.S. may allow an individual to enter the country is if their job skills were needed or if they would be of benefit to the U.S. economy. If entering on a refugee status, the country may allow them to enter if they faced prosecution in their homeland.

If a non-citizen violates immigration law or is arrested for a crime while living in the country, the federal government has the legal authority to remove them. What is important to remember during deportation is that every person has rights under U.S. law, whether they are a citizen or not. Some of the more common reasons a person may be deported include:

• Violation of immigration law
• Violation of criminal law
• Illegal entry
• Illegal entry through marital fraud
• Invalid documents or personal identification

When the government chooses to deport an individual or family, the first step in the process will be issuing an NTA (Notice to Appear). This notice will be served by the U.S. Immigration and Customs Enforcement and will state the reason for the removal. At the hearing, they will have the opportunity to request or secure an attorney. If they state that the information on the NTA is valid, the court could order a deportation. At this point, the alien will be able to apply for various types of deportation relief in an attempt to appeal the decision.

The most commonly-used way that people avoid deportation is known as voluntary departure. This means that the person is not forcibly removed from the U.S., but leaves at their own expense. The immigration judge will set a time limit during which the alien must leave, ranging from 30 days to 120 days. Another way to avoid deportation is cancellation of removal. If the person has been a legal resident of the country for five years or has lived in the U.S. for seven years, they can request to remain in the country. The judge will examine whether or not they were convicted of a felony during their stay, whether they were of good character and behavior, or whether or not their removal would cause hardship for any remaining family members they leave behind.

Asylum-seekers may also be able to avoid deportation under the Immigration and Nationality Act. A refugee is a person who faced persecution in their home country based on religion, political-association, sex, or race. A motion to reopen or reconsider involves the alien appealing the decision of the court. By filing a motion with the judge or Board of Immigration Appeals, they could have their case reexamined.