What Triggers Removal Proceedings?

Removal proceedings (also known as deportation proceedings) are initiated by immigration authorities when a non-citizen is believed to have violated U.S. immigration laws. These proceedings are handled by the immigration court system and can result in a person being removed (deported) from the United States.

Common triggers for removal proceedings include:

Here are the most common triggers that lead to removal proceedings:

1. Visa Overstay

If a person remains in the U.S. beyond the expiration date of their visa or authorized stay, they may be placed in removal proceedings.

2. Criminal Convictions

Certain criminal offences—such as drug crimes, domestic violence, aggravated felonies, or crimes of moral turpitude—can make a non-citizen deportable.

3. Violation of Visa Terms

Failing to comply with the conditions of a visa (e.g., working on a tourist visa, not maintaining student status, or unauthorized employment) can trigger removal.

4. Fraud or Misrepresentation

Providing false information on immigration applications or using fraudulent documents to enter or stay in the U.S. is a serious violation that can lead to removal.

5. Denied Asylum or Other Applications

If an application for asylum, adjustment of status, or other relief is denied, and the person has no legal status remaining, they may be placed in removal proceedings.

Also, read >> What Happens if I-751 Is Denied?

6. Entry Without Inspection (EWI)

Entering the U.S. without being legally admitted (crossing the border without inspection) is a direct ground for removal.

7. Revocation of Legal Status

If someone’s green card, refugee status, or temporary protected status (TPS) is revoked due to fraud, error, or ineligibility, they may be subject to removal.

8. ICE Arrests

U.S. Immigration and Customs Enforcement (ICE) may arrest individuals during raids, investigations, or after local law enforcement notifies them of a non-citizen in custody.

Final Note:

Removal proceedings begin with a Notice to Appear (NTA) served to the non-citizen, outlining the reasons they are being placed in proceedings. If you or someone you know is facing removal, consulting with an experienced immigration attorney is critical for understanding rights and available legal defences.