Top Causes Of Deportation & How To Defend Against Them

Key Points:

Deportation can happen for many reasons: visa overstays, criminal charges, fraud, or financial hardship. But in Houston, Texas, there are legal defenses that can help you stay in the country. Acting quickly, understanding your rights, and working with an immigration lawyer can make a life-changing difference. 

For many immigrants living in Houston and throughout Texas, the word “deportation” brings fear and uncertainty. It threatens to undo everything you’ve built, your job, your home, your family, and your future in the United States. But being at risk for removal doesn’t mean your story is over. You may have options, and understanding them is the first step.

Let’s look at why deportation happens and how to defend yourself if it does.

What Is Deportation?

Deportation, also called “removal,” is the government’s formal process of forcing a noncitizen to leave the United States. Most of the time, it starts with a Notice to Appear (NTA). This document lists the reasons the government believes you should be removed. Once you receive it, you’re required to attend immigration court, where a judge will review your case.

Failing to show up at hearings or ignoring the process can result in an automatic removal order. But if you act quickly and seek legal advice, you may be able to challenge the removal or apply for relief that lets you stay.

The Most Common Reasons For Removals

You might assume that deportation only happens after serious crimes, but in reality, it’s often caused by less obvious issues. Below are some of the most common grounds for removal.

1. Overstaying A Visa Or Being Unlawfully Present

If you entered the U.S. on a temporary visa and didn’t leave when it expired, you may be considered “unlawfully present.” Staying more than 180 days past your permitted time could trigger a 3-year reentry ban. If the overstay goes beyond one year, the ban increases to 10 years, even if you didn’t mean to violate the rules.

Unfortunately, even minor delays or misunderstandings with your visa can lead to removal proceedings.

2. Criminal Charges Or Convictions

Some offenses make a person removable under U.S. immigration law. These include:

• Drug-related offenses.
• Crimes of domestic violence.
• Firearm violations.
• Aggravated felonies.
• Crimes involving “moral turpitude” (which may include theft, fraud, or assault).

Even lawful permanent residents (Green Card holders) can face deportation for certain convictions. One mistake, especially if it’s not addressed with the right legal strategy, can put your entire immigration status at risk.

3. Immigration Fraud Or Misrepresentation

If the government believes you used false documents, lied on an application, or entered into a marriage only to get a Green Card, you could be placed in removal proceedings. These cases often come down to evidence and intent, and they are taken very seriously by immigration authorities.

Honest mistakes in paperwork can sometimes be interpreted as fraud, so it’s essential to respond carefully and with proper representation.

4. Being Labeled A Public Charge

If you rely heavily on certain types of government assistance within five years of entering the U.S., immigration authorities might argue that you’ve become a “public charge.” While emergency medical care and disaster relief typically don’t count against you, using programs like long-term cash assistance could be a concern.

Still, not all public benefits lead to removal. Each case depends on timing, type of support, and your overall financial situation.

How To Defend Against Deportation

Being placed in removal proceedings is frightening, but it’s not the end of the road. The sooner you take action, the more options you’ll likely have.

Step 1: Act Fast & Talk To A Lawyer

As soon as you receive a Notice to Appear, time becomes your biggest enemy. Missed deadlines, skipped hearings, or waiting too long to get help can close the door on potential defenses.

Contact an immigration attorney right away. They’ll help you understand what’s at stake, represent you in court, and identify any possible forms of relief that could stop the deportation.

Step 2: Explore Relief Options Based On Your Case

There are multiple legal strategies that may apply depending on your personal history and current immigration status:

• Asylum: If returning to your home country would put you in danger due to your race, religion, political beliefs, or social group, you may qualify for asylum, even after removal proceedings begin.
• Cancellation of Removal: If you’ve been in the U.S. for several years and have U.S. citizen or permanent resident family members who would suffer extreme hardship if you were deported, this may apply to you.
• Adjustment of Status: If you qualify for a Green Card based on a family or employer petition, you may be able to adjust your status and avoid removal.

A qualified immigration lawyer will assess which route makes sense for you and gather the evidence needed to support your application.

Step 3: Use Waivers & Appeals When Available

Some grounds for deportation, like prior fraud or certain criminal charges, may allow for a waiver under U.S. immigration law. One example is a waiver under INA §212(i), which may forgive past misrepresentation if deportation would cause extreme hardship to a qualifying U.S. relative.

If a removal order has already been issued, you may be able to appeal the decision or file a motion to reopen your case. Appeals must be filed quickly and require a careful legal argument to succeed. But they can give you another chance to remain in the country.

You can read more about immigration waivers on the USCIS website.

Questions People Often Ask About Deportation

Immigrants facing removal often have urgent concerns. Here are a few of the most common questions, and the truth behind them.

Can I still be deported if I have a Green Card?
Yes. Permanent residents can be deported for certain crimes, fraud, or failing to maintain residency. A Green Card protects your status, but not unconditionally.

Will marrying a U.S. citizen stop my deportation?
Marriage alone doesn’t automatically protect you from deportation. However, it may provide a path to adjust your status, if the marriage is genuine and other legal requirements are met.

How long does a deportation case usually take?
It varies. Some cases move quickly, while others take years due to court backlogs, appeals, or pending relief applications. A strong legal team can help you understand the likely timeline and keep things moving in your favor.