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Kate Lincoln-Goldfinch
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Attorney at Lincoln-Goldfinch Law

Kate Lincoln-Goldfinch
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I am a native New Yorker and my friends will tell you they knew I was destined to be an immigration attorney before I even knew it. In high school, my diverse circle of friends – referred to fondly by my parents as the United Nations – was suddenly confronted with a stark, arbitrary divide: Those who could get driver’s licenses and fill out the FAFSA, and those who could not.

Then, everyone began buzzing about what President Obama might do for Dreamers, and my path was revealed. I studied Sociology and Spanish at Quinnipiac University, focusing on issues facing immigrants and women, and began working at a refugee resettlement agency.

Upon graduating in 2013, I relocated to Austin as an AmeriCorps member at Casa Marianella, a shelter for immigrants and asylum seekers, and from there fell in love with the Austin immigrant community and its allies. In 2016, I joined Lincoln-Goldfinch Law to obtain experience as a legal assistant and volunteered at the Karnes detention center as well as at citizenship and TPS clinics.

I returned to New York to attend the City University of New York School of Law in 2017 and organized credible fear interview training and volunteer trips to the Berks, PA and Dilley, TX family detention centers with students, professors, and alums. I graduated from law school in 2020 and relocated permanently to Austin with my husband and dog. I am now an Associate Attorney at Lincoln-Goldfinch Law, predominantly working on deportation defense and humanitarian visa cases.

Kate Lincoln-Goldfinch
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Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555
https://www.LincolnGoldfinch.com

Kate Lincoln-Goldfinch
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Lincoln-Goldfinch Law
1005 E 40th St
Austin, TX 78751
(855) 502-0555
https://www.LincolnGoldfinch.com

Kate Lincoln-Goldfinch
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I grew up with my family straddling the border with one foot in Brownsville, Texas and the other in Matamoros, Tamaulipas. My paternal grandfather was a Mexican Citizen who joined the U.S. Army and fought in the Korean War. Later, after earning his U.S. citizenship, he worked on the puente of the International Bridge collecting tolls from border crossers, but kept his small ranchito outside of Matamoros that we visited on weekends and for family gatherings.

My maternal grandmother, also a Mexican citizen, had some of her 14 children in Brownsville and some in Matamoros. Her husband was a migrant worker, and rather than give birth alone when he was out of the state, she would go back home to Matamoros to be with her parents for those births. As a result, my aunts and uncles have a wide variety of immigration statuses in the United States. Migration and fluid binationality are concepts that shaped my youth and I took the ease of it all for granted. Then in 1993, when I was about 11 years old, things began to change.

The border was seen as a dangerous area and every presidential candidate since then has offered their solution to the “border security crisis”. This relatively new idea of a “hard” border, one with walls, checkpoints and paramilitary officers interrogating and harassing crossers, shocks me, and I know that it only serves to put lives at risk and separate families like mine. I knew from the time I left home for college that I wanted to spend my life fighting for the rights of border crossers.

I graduated from UT-Austin in 2005 with my bachelor’s degree, double majoring in Mexican-American Studies and Government. In law school, I helped open the San Antonio office of the Equal Justice Center, helping with the recovery of unpaid wages for people regardless of their immigration status, and volunteered with the St. Mary’s University Law School Immigration and Human Rights Clinic.

I graduated from St. Mary’s Law School in 2010 and received a Texas Access to Justice Fellowship to continue working with the Equal Justice Center, but this time back home in Brownsville.

In 2011, I accepted a position with the ACLU of Texas to open their Border Office and to work on Immigrants’ Rights Law and Policy. While with the ACLU, I had the opportunity to visit immigration detention centers and federal immigrant prisons, and interview detainees about the conditions of their confinement; testify at Congressional briefings arguing for the decriminalization of migrants; write Amicus Briefs about the unconstitutionality of cross-border shootings by Border Patrol agents; sue Border Patrol agents for unconstitutional body cavity searches; and testify against anti-immigrant bills at the Texas Legislature. While I loved my time with the ACLU doing “impact work”, finding resolution for those cases took years, and I was ready to help people with their immigration issues directly.

Kate Lincoln-Goldfinch
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I am proud to be an attorney, a mother, and an advocate, but I think my clients are superheroes. I aspire one day to be as brave and resilient as they are.

I consider myself a Texan, but I have lived and studied in places as varied as El Paso, Texas, Ankara, Turkey, Washington, D.C., Porto Alegre, Brazil and Louisville, Kentucky.

Prior to law school, I served in the U.S. Peace Corps in Zimbabwe. As a volunteer, I watched the largely peaceful country descend into political violence that left my friends, colleagues and neighbors consumed by fear. I knew that something must be done, but as an outsider I felt powerless to help. I entered law school committed to finding the tools that would allow me to help people like my friends, colleagues, and neighbors in Zimbabwe. While in law school, I participated in the immigration law clinic and had the opportunity to work on an asylum case for the two young children of a political activist from Central America. I knew then what I wanted to do.

I started my legal career as an Equal Justice Works Fellow at a small immigration legal service provider in Lexington, Kentucky. Since then I have worked in private practice and in the immigration non-profit world. Before joining Lincoln-Goldfinch Law, I was the Managing Attorney of the Washington, D.C. office of Human Rights First.

I am an immigration lawyer because I cannot imagine doing anything else.

The work that I do challenges me intellectually and emotionally. But more importantly, the immigrant men, women, and children that I work with inspire me each and every day.

Kate Lincoln-Goldfinch
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I wanted to work in the field of social justice when I started law school at the University of Texas. I knew I would be able to help in the Immigration Clinic because I speak Spanish, so I decided to enroll. As a student at the Clinic, my first assignment was to visit the Hutto immigrant detention center. There, I met with a detained family of asylum seekers who had a five-month-old baby girl. She was wearing a onesie issued by the prison.

Her mom asked me if I would hold her during our meeting because I smelled like the outside world, and when I got up to leave our meeting, she asked me if I could sneak her baby out with me and take care of her until her parents could get out. Although I couldn’t do that, I did represent the family in their successful asylum case.

The elation I felt at helping obtain that family’s release and securing their future coupled with the horror I felt at seeing children in jail made my choice easy: I will spend my career fighting for justice and dignity for immigrants.

 

MY EXPERIENCE

 

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as greencards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job. After the pandemic we began offering bankruptcy services in addition to immigration I realized how much lack of information there is in financial literacy resources in Spanish.

 

SERVICE WORK

 

I serve as Mayor Adler’s Commissioner on Immigrant Affairs for the City of Austin. I am the pro bono liaison for the American Immigration Lawyers Association Texas Chapter and serve as Chair of the Board of Directors of VECINA, an immigration mentoring organization. I regularly mentor and train attorneys in an effort to encourage pro bono work by all lawyers. I was active in working to reunite separated families during the Zero Tolerance policy implemented by the Trump Administration during the summer of 2018 and work to reunite unaccompanied migrant children with their relatives as part of my work with Vecina.

 

AWARDS & RECOGNITION

 
  • 2023 Travis County Women Lawyers Pathfinder’s Award
  • 2022 Austin Monthly Top Immigration lawyer
  • 2022 Super Lawyer
  • 2020 BBB Torch Award For Marketplace Ethics
  • 2020 David H. Walter Community Excellence Award, Austin Bar Association
  • 2019 & 2020 Best of Austin Immigration Attorney: Austin Monthly Magazine
  • 2019, 2020 & 2021 SuperLawyer, Thompson Reuter’s Super Lawyer Magazine
  • 2019 Kick Ass Award, Capitol Area Progressive Democrats
  • 2019 Finalist in the legal category, Austin Under 40 Awards
  • 2019 Changemaker Award, Austin Young Chamber
  • 2018 Leadership in Advocacy Award, Grassroots Leadership
  • 2018 Excellence in Pro Bono award, Austin Bar Association
  • 2018 Clients’ Choice Award, Avvo
  • 2017 & 2018 Rising Star, Thompson Reuter’s Super Lawyer Magazine
  • 2017 Pro Bono Attorney of the Year, Travis County Women Lawyers Association
  • 2010 Contribution to Minority Community Award, Travis County Women Lawyers Association

I have appeared on news outlets such as NBC, BBC, MSNBC, The New York Times, Fox News, and National Public Radio as an immigration expert. I regularly speak at legal education seminars for the American Immigration Lawyers Association, the State Bar of Texas, and the Austin Bar Association, as well as to community groups such as churches and schools.

My most important accomplishment of all is my family: my daughters Nora and Winslow, and my husband Josh.

Kate Lincoln-Goldfinch
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Taking domestic abuse lightly is not the smartest thing to do, especially in the United States. Suppose you are a victim of domestic violence from a U.S. citizen spouse or parent like in Austin, Texas, you may qualify to obtain a Green Card under the Violence Against Women Act. Such experience qualifies you to take advantage and get protection through this government program. You can start by using the keyword “VAWA lawyer near me” in your online search.

Purpose Of The Violence Against Women Act

The Violence Against Women Act (VAWA) provides support to victims of domestic violence, sexual assault, emotional violence, and even stalking. It was first enacted in 1994 and has since been reauthorized by Congress several times.

The purpose of the VAWA is to prevent and diminish the incidence of violence against women. It does this by providing funding for services to victims, such as legal assistance, counseling, hotlines, shelters, and transitional housing. It also includes funding for training law enforcement and court personnel to better handle cases of violence against women.

In addition, qualified immigrant victims of domestic violence are eligible to self-petition for legal immigration status without the abuser’s knowledge or involvement. Victims of domestic violence can apply for immigration relief without depending on their abuser to sponsor them, as is often the case with other forms of immigration relief.

By filing a VAWA self-petition, the victim of domestic violence can obtain legal immigration status, which they can then use to apply for adjustment of residency status. It is an important way for victims of domestic violence to gain independence from their abusers and access resources and services to improve their lives and live more freely in Austin, Texas.

Form I-360 VAWA Petitions

Form I-360 acts for various types of petitioners. Some of these include those seeking to establish residency or petition for the children or spouses of U.S. citizens or permanent residents.

As a domestic violence victim seeking to self-petition for residency utilizing VAWA, you don’t have to fill out the parts specifically designed for other categories. These include widows, Amerasians, particular immigrant juvenile court dependents, and religious workers.

Although the majority of the forms in the I-360 are simple, there are still a couple of things to consider. One of these is using an alternative address to protect yourself if the abusive partner still runs free. The USCIS will send all notices to that address, for the victim’s welfare and protection.

VAWA Immigration Qualifications

The Violence Against Women Act provides financial and legal support to domestic violence victims. It does not only apply to immigrant women. If a man experiences violence from his partner, or if a child under 18 faces abuse, they can apply for a petition for U.S. citizenship under VAWA.

If you are already an abuse victim, preparing the necessary documents may be challenging. Most find it helpful to do an online search as a first step, using the keywords “VAWA lawyer near me.” Hiring one ensures they comply legally with all the paperwork and get a higher chance for their petition to get approved.

If you are a victim of terrible domestic violence or abuse, you can file a self-petition under VAWA. It is also applicable when you are married to a U.S. citizen or LPR, and they are abusing your child or offspring. The Act requires proof that the victim was subjected to cruelty by a U.S. citizen partner or parent for at least three years.

Many immigrants who are victims of domestic violence in Austin, Texas, do not file a petition due to their fear of not being qualified to receive support under the VAWA. Although assault and battery are often the primary forms of abuse, abusers can also use other forms of violence against victims like sexual violence, emotional violence, and psychological violence.

Domestic abuse occurs in a relationship that aims to control or gain power over one’s intimate partner. Various forms of abuse are present against victims, such as sexual assault and battery. Regardless of one’s race, ethnicity, gender, socioeconomic background, or level of education, domestic violence can happen to anyone.

If you are an immigrant married to an abusive U.S. citizen or LPR, you might be experiencing threats to withhold documents or deport you. Even if your abuser does these, you can still apply for citizenship under the VAWA.

VAWA Self-Petition Application

The first phase in applying for a Green Card is to file a VAWA case for U.S. citizenship with the USCIS. The second step involves applying for adjustment of status while ensuring that your abuser does not harm you.

Application Process

Although the two steps mentioned are relatively simple, the process is challenging due to the nature of the case. If you start to wonder, “Can a VAWA lawyer near me help?”, the answer is yes. A skilled attorney can assist you in completing all necessary documents and guide you throughout the proceeding.

Another step in filing a self-petition is to use Form I-360, a Petition for Special Immigrant, Amerasian, or Widow(er). You don’t have to pay the fee if you are on the list of qualified VAWA petitioners. If the USCIS approves your petition, you will be issued a Green Card.

Hiring A VAWA Lawyer

To apply for a Green Card petition under VAWA  in Austin, Texas, it is crucial to hire a trusted legal counsel. Although it is not a requirement, working with a lawyer can help ensure that your rights are protected as you continue your journey to get a Green Card. An attorney can help you navigate the complex process of applying for a Visa under circumstances like domestic abuse.

If you are a target of domestic violence, remember that there are provisions in the law that can protect you. Your abuser may try to downplay the severity of the abuse, but a lawyer can help you prove otherwise. Knowing that the process for obtaining a VAWA immigrant Visa is confidential can help you avoid getting threatened by your abuser. This way, you can protect yourself and your children from aggravated abuse.

Even though the application process for VAWA is confidential, there may be a time when your abuser will know about it. They might monitor you through various means, such as your phone or car GPS. By finding a VAWA lawyer to help, you will have immediate support in preventing your abusive parent or spouse from ever abusing you again.

Effects Of VAWA To The Abuser

You can decide whether or not to involve your abuser in the petition. One of the most critical factors that VAWA considers when protecting victims is the lack of requirement to report the attacker.

The Violence Against Women Act (VAWA) protects women and children from abusive individuals such as spouses or parents. It allows victims to protect themselves by applying for immigration benefits. The immigration agency will investigate and involve the police to ensure you achieve the justice you deserve.

Benefits Of Getting An Approved VAWA Petition

The Violence Against Women Act (VAWA) provides numerous benefits for those who have been victims of domestic violence, sexual assault, and other forms of abuse. An approved VAWA petition grants an individual the eligibility to petition for immigration status. It is a step closer to getting citizenship in the United States.

VAWA can allow victims of abuse to get legal immigration status, authorizing them to remain in the United States without fear of deportation. Additionally, abuse victims may be eligible to apply for specific work permits and receive other benefits, such as access to public benefits and eligibility for permanent residency.

The law also provides victims of abuse access to legal services and other support services, including counseling, and legal aid. These services can help abuse victims navigate the complicated immigration process and provide them with the necessary resources to rebuild their lives.

Furthermore, VAWA provides victims of abuse with access to justice. VAWA grants victims of abuse the ability to file a civil suit against their abuser. It allows victims to seek legal recourse and financial compensation for their physical and emotional abuse.

Lincoln-Goldfinch Law

A VAWA lawyer can help in self-petition cases by providing the necessary legal advice and representation to ensure that the self-petitioner’s case is successfully presented to the USCIS. The lawyer can also assist in preparing and filing the application, responding to requests for evidence, and preparing any necessary court documents.

Additionally, your lawyer can provide advice on the program’s eligibility requirements and represent you in any legal proceedings, such as immigration court hearings.

Lincoln-Goldfinch Law is a group of legal professionals who help various kinds of people regarding cases related to immigration, like applying for a Green Card under VAWA. They will guide you and your children throughout the process, ensuring that the petition will no longer add to the stress you’re experiencing. Contact one of their lawyers in Austin, Texas, today.

 

Kate Lincoln-Goldfinch
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Applying for immigration benefits like citizenship or permanent residence can get very stressful. However, the most nerve-wracking part of the process is the waiting. You cross your fingers and hope your petition gets approved, and that pit in your stomach keeps you on edge with anxiety. For most applicants, requests for immigration benefits are life-changing, and denial could mean removal from the United States.

There are times when the much-anticipated decision, however, does not come. Instead, you may receive a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS). Learn the importance of RFE in your journey toward a lawful stay in the United States and how an immigration lawyer can assist.

What Is An RFE?

An RFE is a request for more information to help USCIS decide whether to accept or reject your application. A Request For Evidence does not mean denial. It indicates that USCIS is unsure whether you meet the standards for the immigration benefit you are looking for. Your answer is your final opportunity to persuade the agency that you qualify under the terms of the specific application. 

If the USCIS denies your petition, you can still appeal with the Administrative Appeals Office (AAO) or with the Board of Immigration Appeals (BIA), depending on the type that you’ve filed for. You may hire a skilled immigration lawyer to represent you in your case.

 Why would USCIS Send A Request For Evidence?

The USCIS examines each case carefully. Any lapses on your part, such as neglecting documentation and omitting information, can raise some concerns. The U.S. Services For Citizenship and Immigration Services may find that you lack the evidence needed and request additional ones.

There are several reasons that the agency may have for requesting additional information or evidence. The following are only some of the more common ones.

 

 

Missing Documentary Evidence

Previously submitted documents may be lacking or insufficient to establish eligibility. If this is the case, the USCIS may request copies of passports, divorce judgments, long-form birth certificates, tax returns, and other records. The request for additional evidence gives you a chance to organize your paperwork and submit any missing documents instead of being denied immediately. 

No Proof Of Lawful Entry

You must demonstrate your legal entry into the nation if you ask for permanent residency. An RFE will be issued if you don’t provide sufficient documentation. They would request copies of your U.S.-stamped passport as verification, a Customs and Border Protection (CBP) form, or an I-94 form with your travel history. 

Lack Of Proof Of Financial Capacity

USCIS will also request additional evidence if the applicant is unable to prove that their spouse can support them. If a U.S. citizen or a Green Card holder cannot vouch for their spouse’s support, USCIS can request for a co-sponsor who can. One example would be a family member who earned at least 125% of the federal poverty level.

No Document Translations

A third party must provide a certified translation of any papers written in a different language. A certified translation bears the translator’s signature, seal, and verification that it is accurate. The translator should also be competent enough to translate from the applicant’s native language into English.

 Criminal Records

The USCIS will send you an RFE if you indicate that you’ve been arrested or convicted. As part of this, the agency will request copies of criminal records if you fail to disclose them in your application. You should submit any documents of any unlawful or questionable activity.

Other types of evidence may be requested, depending on the deficiencies in your application. It is essential to comply with the USCIS to convince them you qualify for the immigration benefit you’re applying for.

 

 

What Happens If Your Petition For Immigration Is Denied?

Hope is not lost if your immigration application has been rejected. You still have several options available to you. The Administrative Appeals Office (AAO) and the Board of Immigration Appeals (BIA) both accept appeals against denials.

 The Administrative Appeals Office (AAO)

Applicants can file a request to the Administrative Appeals Office after being rejected (AAO). They address requests for roughly 50 different immigration application categories and take appeals of unfavorable rulings on petitions for benefits.  

Some examples are listed below.

  • Employment-based immigrant and nonimmigrant visa petitions (Forms I-129 and I-140). 
  • Investor immigrant petitions (Form I-526). 
  • Temporary Protected Status applications (Form I-821).
  • Fiancé(e) visa petitions (Form I-129F).
  • Waiver of ground of inadmissibility applications (Form I-601).
  • Applications for permission to reapply after removal (Form I-212).
  • Some special immigrant petitions (Form I-160, except appeals by widowers, which are within the scope of the BIA).
  • Orphan applications (Forms I-600 and I-600A).
  • T and U visa petitions. The T visa applications are for nonimmigrant visas for victims of human trafficking. U visa petitions are for nonimmigrant visas for victims of certain crimes. 
  • Applications to preserve residence for naturalization purposes (N-470).
  • ICE ruling on breach of surety bond.
  • Appeals of USCIS revocation of formerly approved petitions.

Applicants must file using Form I-290B – Notice of Appeal or Motion within 30 days after personal service of the decision. They may also do this within 33 days for service by mail. 

As mentioned, not all denied immigrant benefit requests may be forwarded to the Administrative Appeals Office. Other times, it may be under the jurisdiction of the Board of Immigration Appeals (BIA).

The Board Of Immigration Appeals (BIA)

The Board of Immigration Appeal (BIA) is an agency that reviews final decisions by immigration judges and interprets immigration laws. Within 30 days of the immigration judge’s final ruling, you must submit a Notice of Appeal to the BIA. If you fail to do it on time, the appeal will be dismissed, and the immigration judge’s ruling will stand. Thus, it is crucial to contact an immigration attorney as soon as possible to ensure a timely and complete appeals process. 

Under certain circumstances, you may ask the immigration judge or the BIA to review the case again. A Motion to Reopen is filed with the court that last handled the case. It may be granted if you can show one of the following:

  • New facts or evidence.
  • Changed country conditions.
  • Lack of notice.
  • Exceptional circumstances.
  • Ineffective assistance of legal counsel.
  • A Motion to Reconsider asks the court to reconsider the case in light of new case law or changes in the law.

What To Do If The BIA Issues A Denial

Some immigration cases may appeal a denial to the Federal Appeals Court. One example is a final order of removal. Remember that the appeal must be submitted 30 days following the BIA’s ruling, and while it is underway, a stay of removal must be requested because there is no automatic removal.

 Federal Appeals Court

If an appeal to the BIA results in denial, you can still bring your immigration case to a Federal Appeals Court. This process requires filing a Petition for Review. Asylum applicants and criminals who believe their conviction isn’t grounds for removal can also go to the Federal Appeals Court.

 

 

 

 The Supreme Court

In exceptional cases, you can take your case to the Supreme Court of the United States. It is the highest judicial authority in the country.

 

While it is possible for a deportation case to ultimately reach the Supreme Court, it is relatively rare. The Supreme Court typically chooses cases that involve significant constitutional or legal issues of national importance. It has discretionary authority to accept or decline to hear a case, and those under exceptional circumstances will make it to this level. In short, building up a strong case with the BIA and the Federal Appeals Court can yield more favorable results. 

 Seek Help From An Immigration Lawyer

An application for immigration benefits can be a stressful and time-consuming process. It can also be challenging to navigate alone. If your application has been denied, secure the assistance of an experienced immigration lawyer. 

Better yet, give your application a better chance at success by hiring an immigration attorney the moment you decide to move to the United States. This will save you months of stress and difficulties and help you have a more likely chance at getting the benefits you seek. An experienced immigration attorney at Lincoln Goldfinch Law is always available. They can work with you for a more positive outcome. 

 

Summary

Applying for an immigration benefit is a daunting and complicated process. Sometimes you will receive a “Request for Evidence” (RFE). In this case, you need to submit the documents you lack or any information you failed to submit or include in your petition. 

 Other times, your request for immigration benefits can be denied. But you should not lose hope, since you can appeal this decision. To help you with the process, it’s best to consult with a seasoned appeals lawyer.

 

 

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Deportation refers to removing a foreigner from the US. This event usually happens when they violate immigration laws, deceive the country with their visa applications, or becomes a threat to the community. Sometimes, what seems to be missed updates can become grounds for deportation. So, having a visa is not an assurance that someone staying in the US won’t be deported out of the country. One must still be mindful of their actions during their stay.

In this article, you’ll learn why foreigners get deported, the process of deportation, and the benefits of working with an immigration attorney. If you or your loved one is on the brink of deportation, be familiar with the facts here. Avoid the possible reasons for deportations. Learn the options available to avoid getting kicked out of the country. Lastly, know the benefits of having a trusted immigration attorney beside you when facing deportation.

Reasons For Deportation From The United States

One apparent reason for an immigrant’s removal from the US is when they enter the country illegally. It could be that they entered the country without legal travel documents or stayed beyond the limit of a visa. However, persons who have temporary or permanent residency in the US can also be deported. Here are the common reasons for a deportation order.

Committing Criminal Acts

An immigrant who commits crimes violating the community’s moral values may get deported from the US. Although, it is vital to note that not all crimes lead to one’s deportation. Nevertheless, serious crimes, especially those involving violence, are a significant reason for deportation from the country. 

Here are examples of crimes that lead to deportation:

  • Murder.
  • Human trafficking.
  • Domestic violence.
  • Rape.
  • Money laundering.
  • Terrorism.
  • Drug smuggling.
  • Firearm offenses.

When immigrants have legal status to stay in the US, they should avoid being involved in criminal activities because they jeopardize their ability to be in the country. Illegal activities show the justice system that the affected immigrants threaten the country’s security and peace.

Infringement Of U.S. Immigration Laws

Here are the violations of immigration law that lead to deportation:

  • Documentation fraud is forging a document to enter or stay in the US illegally. Also, if a person buys a falsified passport to cross the US border, this is a firm ground for deportation.
  • Lying during visa application involves giving false information to increase the chances of being allowed in the US.
  • Visa overstaying is staying in the country beyond the required time, as stated in official immigration documents.
  • Illegally entering the country is when a person enters the US through an unguarded entry point. It is a ground for deportation.

If a person commits the activities mentioned above, they are deemed to have violated immigration laws and are subject to deportation. As a result of such a violation, immigration authorities will refuse to grant a visa or revoke the same.

Public Support Dependent Within A Five-Year Stay

If a person solely relies on public aid such as Supplemental Nutrition Assistance Program (SNAP) benefits, they may face deportation. If one has a green card, their financial sponsor should keep the promise of offering support. If found to be relying on public support, they are likely to be deported or blocked from reentering the country after foreign travel.

Failure To Obey The Terms Of One’s Status

People entering the US via a visa must stick to the terms and conditions of their status. For example, if one is on a US student visa, they must leave the country after the termination of their studies. A person must apply for visa renewal and continue to stay in the country with permission to avoid being deported.

It is advisable to comply with the terms of one’s status to avoid issues. Understand the rights and rules that align with your Visa, so you don’t face problems.

Failure To Reveal Change Of Address

A person staying in the country legally who fails to reveal when they change their address is at risk of being deported. This is something that many people don’t mind so much, but it can be a solid ground for deportation. If you happen to change your address for any reason, you must inform the US Citizenship and Immigration Services about the change. 

The address change notification must be in writing to the relevant authority. Immigrants risk being deported if they fail to disclose the required information within the stipulated time. The deadline is ten days from the actual day of moving. This requirement goes for both immigrants and nonimmigrants.

Marriage Fraud

Many immigrants try to skirt the law by committing marriage fraud to acquire a Green Card. This illegal practice may lead to deportation. For marriage between a foreigner and a US citizen to be considered legitimate, they must live together after the ceremony. 

The authorities will determine the authenticity of that marriage. They will ask questions, consult the couple’s friends, and visit their homes. If there is proof that the immigrant is committing marriage fraud, a deportation order will be processed. This extortion also leads to being completely barred from entering the US.

So, when an immigrant commits any of these violations, what will they go through? The following heading explains in detail the deportation process an immigrant will experience.

The Process Of Deportation

There are instances where persons who get deported don’t have to go through an immigration court hearing. In other cases, the deportation process is longer and may require persons to appear before an immigration judge. But for the standard procedure, the following are the involved steps for deportation.

  1. The foreign national subject to deportation is detained before trial or removal.
  2. An immigration court hears the case presented before it. A judge must investigate the issue to determine whether the immigrant should be deported.
  3. If the judge orders deportation, the deported person’s country of origin has to agree and issue travel documents to deported person. Only then can the U.S. Immigration and Customs Enforcement (ICE) execute the removal order.
  4. Most of the removals are implemented by air at the expense of the US government. Other types may have a mix of both air and ground travel.

Being deported from the country you’ve made your home in is devastating. You will feel lost and vulnerable. You shouldn’t face these moments alone. Talk with a reliable immigration attorney. They will ensure to fight this battle alongside you, protecting your rights.

Working With An Immigration Attorney

Being in the country illegally or infringing immigration laws in the US leads to severe consequences. They may have to go back to their country of origin. It is a painful experience for many people who have to get removed from the United States after working hard to get there. 

 The US immigration system can be complicated for many people. That is why you need a legal professional to help you understand the terms and conditions surrounding your visa. It will be unfortunate to get deported because you didn’t understand your status requirements. Worse still, if you get detained and choose to go through the legal process without the knowledge required, the chances of deportation are high.

Working with an immigration lawyer can help you navigate the immigration system effectively to avoid deportation. Immigration attorneys have the knowledge and experience to deal with such cases in the best way possible. They will help you avoid making mistakes that may land you into problems. 

 

Summary

Others believe that having a green card makes them untouchable and that they won’t get deported out of the US. That’s a grave misconception. Your legal status won’t give you immunity. Since you are its citizen, you must abide by its laws. You can get deported if you get involved in criminal acts, becomes a threat to public security, or abuse your visa. But these are not the only grounds for deportation. If you fail to obey the terms of your status or inform the government of your address change, you can get deported. Also, if you depend on public support within five years of living in the US, the government will consider sending you back to your country of origin.

 Nobody wants to go through the embarrassing and devastating process of deportation. This is especially true for immigrants who have been in the country for years. Therefore, you must speak with a trusted immigration attorney who focuses on this practice area of the law. Lincoln-Goldfinch Law is a firm that you can consult with for your immigration issues. They will help you obtain and maintain your legal status in the US. They will ensure to assist you throughout the complex immigration processes and help you avoid the risk of getting deported.