Can You Be Deported with a Work Permit? What Every Worker Must Know

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Picture of Shawn Sedaghat, Esq.

Shawn Sedaghat, Esq.

The Shawn S. Sedaghat Law Firm

Having a work permit in the United States provides significant benefits, allowing foreign nationals to legally work and contribute to the U.S. economy. However, many individuals are often concerned about whether they can still face deportation despite holding a valid work permit. The short answer is: Yes, it is possible to be deported even if you have a work permit, depending on various factors. In this article, we’ll dive deep into the risks of deportation for individuals with work permits, and what every worker needs to know to stay safe and secure in the U.S. — and everything you need to know about work permit and deportation risk (USA).

 

What Is a Work Permit?

A work permit, officially known as an Employment Authorization Document (EAD), is a legal document issued by the United States Citizenship and Immigration Services (USCIS). This document authorizes foreign nationals to work legally in the U.S. for a specific period of time.

 

A work permit can be issued to individuals who are in the process of applying for legal residency or other forms of immigration relief. It is important to note, however, that a work permit does not grant permanent legal status or protect an individual from deportation under certain circumstances.

A close-up of a passport featuring a prominent "deported" stamp, indicating immigration status and travel restrictions.

Can You Be Deported with a Work Permit?

Unfortunately, holding a work permit does not make you immune from deportation. Here are some scenarios where you could face deportation even with a valid work permit:

 

  1. Violation of Immigration Laws: If you violate any U.S. immigration laws, such as overstaying a visa or working beyond the scope allowed by your work permit, you may be subject to deportation.
  2. Criminal Convictions: Being convicted of certain crimes, including domestic violence, document fraud, or human trafficking, can lead to deportation even if you have a work permit. In such cases, Immigration and Customs Enforcement (ICE) has the authority to initiate removal proceedings.
  3. Termination of Immigration Status: Your work permit is often tied to a specific immigration status. If your immigration status changes or is terminated, your work permit may no longer be valid, and you could be at risk of deportation.
  4. Public Safety Concerns: If you are considered a threat to public safety or national security, your work permit may not protect you from deportation. Customs Enforcement ICE officers may detain and deport individuals deemed dangerous.

Removal Proceedings and the Immigration Court Process

If Immigration and Customs Enforcement (ICE) starts deportation proceedings, your case will be brought before an immigration court. The immigration court handles removal proceedings, which determine whether a foreign national should be deported or allowed to remain in the U.S.

 

During removal proceedings, you will appear before an immigration judge, who will review the evidence presented by both ICE and your legal counsel. It is vital to consult an immigration attorney who can help you defend your case and explore possible avenues to remain in the U.S.

 

Important Tip: If you receive a Notice to Appear (NTA) from ICE, do not ignore it! Failure to appear for your immigration court hearings can result in an automatic deportation order.

Common Reasons for Deportation Despite a Work Permit

Several factors can put a foreign national at risk of deportation, even if they hold a valid work permit. Some of these include:

  • Violation of Visa Conditions: If your visa or work permit has specific conditions, such as working only for a particular employer, and you fail to follow these conditions, you may face deportation.
  • Criminal Activity: Committing crimes, especially serious offenses like domestic violence, drug offenses, or document fraud, can trigger removal proceedings. Even minor infractions can impact your immigration status.
  • Changes in Immigration Policy: Changes in U.S. immigration law or policy could affect the validity of your work permit or your eligibility to remain in the country. If the legal basis for your work permit is revoked, ICE may take action to deport you.

The Role of Immigration Attorneys

If you find yourself facing removal proceedings, it’s crucial to consult an immigration attorney. An experienced immigration attorney can represent you in immigration court and help you navigate the complex legal system. They can assess your case, gather evidence, and argue on your behalf to prevent deportation.

 

Remember, working with an experienced immigration attorney can make a significant difference in the outcome of your case. Do not wait until the last minute to seek legal help.

What Happens During Removal Proceedings?

Once removal proceedings begin, the process usually involves multiple steps:

  1. Initial Hearing: Also called a master calendar hearing, this is where the immigration judge will explain the charges against you and ask whether you contest or admit to them. You will also have a chance to state whether you have an attorney.
  2. Evidence and Defense: In subsequent hearings, both ICE and your legal team will present evidence. This could include documentation of your work history, personal character, or community ties. It is important to bring as much evidence as possible to support your case.
  3. Final Decision: The immigration judge will eventually make a final decision. If the judge rules in your favor, you will be allowed to remain in the U.S. If the judge orders your deportation, you may have the option to appeal the decision.

Preventing Deportation: What You Can Do

If you hold a work permit and want to avoid deportation, here are some important steps you can take:

  1. Follow Immigration Laws: Always comply with U.S. immigration laws and the terms of your work permit. Make sure you do not overstay your visa or work without authorization.
  2. Avoid Criminal Activity: Stay clear of any criminal activity, no matter how minor it may seem. Even a small infraction could put you at risk for deportation.
  3. Attend All Immigration Court Hearings: If you are summoned to immigration court, attend every hearing. Missing a hearing can result in an automatic deportation order.
  4. Keep Your Work Permit Valid: Regularly renew your work permit and ensure your immigration status is in good standing. If your circumstances change, seek legal advice immediately to prevent any issues with your work authorization.
  5. Consult an Immigration Attorney: If you have any questions about your immigration status or work permit, it’s best to consult with an experienced immigration attorney. They can help you understand your options and ensure that you are following the law.
a person holding a stamp

Can Your Work Permit Be Revoked?

Yes, your work permit can be revoked if:

  • You fail to meet the conditions of your visa.
  • Your immigration status changes or is revoked.
  • You engage in unlawful activity.

If your work permit is revoked, you may be at risk for deportation. Always check the expiration date of your work permit and apply for renewal on time. If your immigration status changes, seek legal counsel to understand how it may affect your work authorization.

Conclusion

While having a work permit in the U.S. provides a legal pathway for foreign nationals to work, it does not completely protect you from the risk of deportation. Immigration laws, criminal activity, and changes in your immigration status can all lead to removal proceedings, even if you have a valid work permit.

 

To minimize your deportation risk, always stay compliant with immigration laws, avoid any form of criminal activity, and seek the advice of an immigration attorney if you have any concerns. The right legal guidance can help you navigate complex immigration issues and protect your rights as a foreign worker in the U.S.

FAQs

  1. Can I still be deported even if I have a work permit?

    Yes, having a work permit does not make you immune from deportation. Violating immigration laws, committing certain crimes, or having your immigration status revoked can still result in deportation.

  2. What should I do if I receive a Notice to Appear in immigration court?

    If you receive a Notice to Appear, do not ignore it. Consult an immigration attorney and attend all scheduled immigration court hearings to avoid an automatic deportation order.

  3. Can a work permit protect me from deportation if I commit a crime?

    No, even with a work permit, certain criminal activities, such as domestic violence, document fraud, or human trafficking, can trigger removal proceedings and result in deportation.

  4. What happens if I miss my immigration court hearing?

    If you miss an immigration court hearing, the judge may issue an automatic deportation order. It’s important to attend all scheduled hearings to avoid this.

  5. Can I renew my work permit if I am facing removal proceedings?

It depends on the specifics of your case. Consult with an experienced immigration attorney to understand whether you are eligible to renew your work permit while facing deportation.

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