Can I get deported as an illegal immigrant even if I have not committed a crime?

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Can I get deported as an illegal immigrant even if I have not committed a crime?

I am married to an American that I’m planning to prosecute and get a restraining order on. He posted nudes of me online, etc. but I am scared that he might send immigration on me and maybe make up some lies that I’ve committed a crime or something. If he does, can they deport me even if I have not committed a crime?

Asked on August 5, 2017 under Immigration Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can be deported as an illegal immigrant even if you have not committed another or a different crime (other than being here illegally). Being an "illegal" immigrant means exactly what it sounds like: it is not "legal" for you to be in the country, and you may be removed for that reason. You are not a priority for removal if you have not committed other crimes--the Administration has stated several times that it is focuing on illegal immigrants who do commit other crimes--but that just means you are not on the top of their lis to remove; it does not mean that you cannot or will not be deported.


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