Deportation

[Scruit]

There are many things that will render a green-card holder liable to deportation, for example being convicted of a violent felony etc. However, I know from my police officer friends that the INS will not generally come out to take custody of individual immigrants that are liable for deportation. They WILL come out for a van-load of illegals, but not much else. This is because of resource limitations - they can get the most for their money by concentrating on groups of illegals.

HOWEVER... One time when I went to get my work card renewed I was standing behind a person who was an illegal and was trying to get a work card using false documents. He was arrested on the spot and led downstairs in leg shackles...


SO, my question is: Imagine you have done something that would normally render you liable to deportation and the INS has apparently decided not to come and get you. You could continue to live with your green card for the rest of your life of you wish. However, you decide to apply for citizenship after many years have passed. When you go for the interview and the INS suddenly realises that you have committed a deportable crime - will they arrest yuou on the spot? It may be too much time and trouble for them to send out an agent in the middle of the night to a police department to pick up a single deportable immigrant - however if you are standing right there at the immigration office...


(I have not done anything like this - just interested because of seeing that one guy get arrested...)

 

[John Sreedhar]

I do not think, just because of resource limitation, they overlook, if someone commit deportable crime.

If someone commit deportable crime, let say one day after one got citizenship, will they keep the person in the country? Other than terrorism involvment and having Nazi or communist links in the past, are there any other crimes that makes the naturalized person deportable? If the person do not have citizenship of any other country, to where they will deport?

If one has GC, he cannot commit crime, but he can after becoming citizen?

 

[zaraza]

... having Nazi or communist links in the past, are there any other crimes that makes the naturalized person deportable?

I liked your putting Nazi and communists side by side. Do you actually know how many ex-members of communist parties (various countries) become US citizens on a regular basis ?

 

[zaraza]

...
Plain membership in a communist party, if it was required to get a job, for example, is not a problem for naturalization. Having been an active member is an issue....

I know, I just like the comparison that's all . Besides being "an active member" is also very vague, I was a very active member of "komsomol", organizing school kids to recycle metal and paper was my main responsibility in school, I was also active in organizing my college classmates to help a local orphanage. And I am proud of that.

 

[John Sreedhar]

For normal people like us, does anything that can lead to deportation?
(ex., committing murder, not that I am going to)

 

[Scruit]

With regards to PRs, CIS regularly deports people who are convicted of felonies etc. So I assume they check court records.

For the sake of argument... Say, for example, I registered to vote before becoming a citizen. Does the CIS check voter rolls against A#'s? Probably not. If it comes to their attention that you voted during your citizenship interview then will they simply deny the citizenship, or actively start deportation proceedings?


We should not allow immigration benefits to those who don'y qualify for them... However we *certainly* don't want a situation where someone who qualifies for citizenship is stopped by the fear that they can be deported if they are denied...

 

[Scruit]

For normal people like us, does anything that can lead to deportation?
(ex., committing murder, not that I am going to)

It is my understanding that an LPR can be deported for several things:

- It turns out you were actually inadmissible at time of entry
- You commited a status violation, like sham marriage
- You became a 'Public Charge' during the exclusion period
- National Security reasons (Ties with terrorist organization etc)
- Faking documents
- Crimes (recent felonies, multiple felonies, aggravated felonies, fleeing/eluding the police, drugs, firearms or domestgic violence)

Once you become a citizen you an American. Wouldn't deportation require that your citizenship is stripped? I thought you could only lose your citizenship if you willingly give it up or it turns out your original application was bad (ie material omissions, hidden crimes etc)

 

[Participant]

SO, my question is: Imagine you have done something that would normally render you liable to deportation and the INS has apparently decided not to come and get you. You could continue to live with your green card for the rest of your life of you wish.


(

Not true any more.This is since --when you go to renew/extend your expired GC, NOW,
you are checked for any 'red flags' and you will be caught.Times have changed!

 

[Scruit]

Not true any more.This is since --when you go to renew/extend your expired GC, NOW,
you are checked for any 'red flags' and you will be caught.Times have changed!

Ouchies!

Well, I have nothing to fear personally, but it does help explain why the guy in front of me at the immigration counter was arrested when he applied for his work card.


Just picture the scene... The guy is talking with the officer at the counter, they argue, the officer stands back and says something to his supervisor and a few seconds later two armed officers waltz into the room and shackle the guy up... Then the same officer at the counter looks at me and says; "Number 37!"

 

[Scruit]

In these cases, CIS argues that the person didn't even become a US citizen, since the application was fraudulent.

Agreed. In cases where former Nazi officers have been deported after decades of US Citizenship... Their citizenship becomes null and void because they lied on their application.

There *are* acts that would result in your citizenship application being denied. Anythign to do with Good Moral Character that doesn't rise to a flony. I guess a couple of recent shoplifting convictions would do it - while not apparently rising to the level of deportation, it would most likely result in a denial of Naturalization because of lack of Good Moral Character.

 

[Scruit]

Having an extramarital affair is enough for citizenship denial...
8 CFR 316.10:
"(3) Unless the applicant establishes extenuating circumstances, the applicant shall be found to lack good moral character if, during the statutory period, the applicant:
...
(ii) Had an extramarital affair which tended to destroy an existing marriage;"

Is 'Good Moral Character' defined in any one place? Is it a judgement call on the part of the interviewer? Or are there snippets of law here and there that all contribute to a single overall picture?