Question #1: Can someone get deported for being over their visa by a month? How soon does someone get deported?

Carl Shusterman: One of the most common reasons for INS asking the immigration courts to remove someone from the United States is that they have stayed in the United States longer than permitted. However, having said that, don't expect to be placed under removal proceedings simply because you have overstayed.

From 1976 to 1982 I was employed as an attorney with the INS and I can assure you, that the agency lacks the resources to deport even a small fraction of those persons who have overstayed. Most persons who are in removal
proceedings get there by submitting an application to the INS which is denied.

A large proportion of people in removal proceedings have had their asylum applications denied by the INS. Another large group in removal proceedings, are persons who have committed deportable crimes in the United States.

During the remainder of this chat, I will be using the terms "removable" and "deportable" interchangeably, although there are a few technical differences between the terms.