What to do in case of deportation from the United States?
Learn how deportation proceedings before the courts work and the importance of immigration lawyers.
The term deportation or removal as it is legally named by the immigration agencies of the United States Government, refers to the legal process that generally involves the expulsion of an individual who does not have a legal immigration status in the country. Deportations occur when a person is found in violation of U.S. immigration laws. The authorities capable of making arrests are the agents of Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).
Some causes for deportation may be the following: violation of the terms of permanent residence, marriage fraud, residing in the United States without immigration status, overstaying a tourist visa, criminal activity, among others.
The deportation process is different in each case and usually involves legal hearings, where the individual in proceedings may have the opportunity to present his or her case before an immigration judge. Depending on the individual’s circumstances and immigration status, there are different legal procedures and remedies that may influence the outcome of the deportation process.
What to do if deportation proceedings are initiated?
First, the most important thing to do is to talk to your family, and to have a plan in case the process moves forward and you are deported. Second, it is essential to seek legal advice and an immigration attorney to assist you in your case after obtaining a Notice to Appear or NTA issued by the Department of Homeland Security (DHS). The NTA contains the alleged grounds for deportation and also your right to an attorney.
During the first hearing you must appear in person, otherwise DHS will issue an automatic deportation and you will be deported without being able to complete a hearing.
Subsequently, both you and your attorney must present your defense to deportation and explore the options available to you, such as adjustment of status. These kinds of hearings allow individuals in deportation proceedings to present their case, and evidence.
Other important information during this process is as follows:
- Do not leave the United States during this process. Otherwise you may be barred from re-entry for five to 20 years or in certain cases permanently.
- You can request voluntary departure from the immigration judge, which may allow you to leave the country without a deportation order, but you must meet certain conditions and leave within a specific time frame.