Legal Question in Immigration Law in South Carolina

Deportation

my husband is currently under deportation, can this decision ever be reversed? he is from s,vietnam. he's home after being detained for 2 yr's. also,can a person who has citizenship be striped of it and deportated for a crime? thank you.


Asked on 12/26/01, 9:56 pm

1 Answer from Attorneys

Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: Deportation

I assume that your husband committed a serious crime which is why he has a final order of deportation and that because INS could not effectuate his deportation, they released him pursuant to an order of supervision. Unless the criminal grounds are vacated, or, unless your husband receives an unconditional pardon from the President or governer (if it is a state crime), the deportation order can never be reversed.

The only way a person can be stripped of his citizenship and deported is if the crime was committed before the person ever became a citizen or legal resident and the person failed to disclose or concealed the crime in his naturalization or residence application. (ie Nazi war criminals). It is also theoretically possible, for a US citizen to commit a criminal act which could result in his expatriation such as an act of treason against the US. If the person was expatriated, he could be deported.

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Answered on 12/27/01, 1:13 am


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