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CLEVELAND, OHIO - Deportation is normally dreaded by non-citizens seeking the help of Ohio family immigration lawyer Jonathan A. Bartell, but a legal citizen desiring deportation to avoid punishment in the U.S. adds a different slant on tackling immigration cases.

That is what a 27-year-old Utah man did.  Although an American citizen, he admitted to lying about his identity and his immigration status to get deported to Mexico.  He allegedly lied about his identity so his daughters would not be left fatherless if he was in prison, according to published reports that state his desire for leniency as a first-time offender, and to keep his job.

Since immigration officials often prefer to deport illegal immigrant offenders rather than add to an overpopulated U.S. prison system, this allowed the man to manipulate the system to his advantage.  When he returned to the U.S. with his passport, his real identity and his initial charges of second-degree felony for possession of cocaine and heroin with the intent to distribute were revealed.

"I imagine that it is not an infrequent issue since someone would try to run from all criminal issues if possible," says green card attorney Bartell.
Bartell, who also is a Cleveland H1B visa lawyer, and Immigration and Customs Enforcement representatives maintain that it is common for people to lie about their nationality or immigration status to elude prosecution and avoid incarceration or probation terms.

Now the Utah man is charged with an extra felony and a misdemeanor for lying about his identity in 2010 to the judge, police and federal immigration officers, the Associated Press recently reported. There's a $50,000 warrant for his arrest since he failed to report to state authorities in June after immigration officers found he was legally in the country.

A record number of approximately 400,000 people have already been deported this year. According to published reports, 55 percent of individuals deported had felony or misdemeanor convictions.  The number of people convicted of crimes including homicide, sex and drug offenses rose 89 percent since 2008.  It is unknown how many of the crimes were related to previous immigration violations. 

Non-citizens can be convicted of a felony for returning to the U.S. or being found in the country after being ordered to leave by the government.  Department of Homeland Security officials want to focus its resources on criminals, recent and repeat border crosser offenders, and people labeled fugitives.

"Yes, numerous aliens are now being prosecuted in federal court for re-entering the U.S after being ordered deported.  They face significant jail sentences if convicted. These cases are on the rise," says  EB5 visa lawyer Bartell who handles cases involving drunk driving, lawyer representation for non-citizens wanting to stay in the U.S., and helping them obtain visas.
He added that the Utah man's situation gives a different perspective on mounting immigration issues.

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