Generally, deportation is removal of an alien from the United States when the alien has been found removable for violating the immigration laws. Deportation is ordered by an immigration judge without any punishment being imposed or contemplated. Deportation of immigrants and other individuals may result as a consequence for entering the United States illegally. You can also be deported if you are not a citizen and have committed certain crime that are makes you removable under immigration laws.

Exclusion vs. Deportation

Exclusion applies when a foreign individual is seeking admission to the United States. Thus, if he or she attempting to get a green card, a visa or just cross the border, he or she can be excluded/prevented from doing so. If the United States government has determined that you should be excluded, there are time limits when you can re-enter the U.S. based on the reason of exclusion.

A person who is already in the United States is potentially subject to removal or deportation. Even if you have a valid visa or green card, you can be deported if you break the terms of your visa or status. Similarly, you can only re-enter the U.S. after certain time, based on the reason of deportation.

Reasons for Deportation or Exclusion

Because staying in the United States is a privilege and not a right for non-citizens, the United States government can force an individual to return to his or her home country for a number of reasons, such as: committing immigration fraud; conviction of drug offenses and other crimes.

Stopping Removal/Deportation

If you have been served with a notice to appear in deportation proceedings (charged as removable from the U.S.), you still may be able to stay in the United States by seeking various forms of relief, including the following: asylum, suspended deportation, withholding of removal, cancellation of removal, voluntary departure and more.