Deportation and Removal

The U.S. Department of Homeland Security (DHS) has many strict and complicated immigration laws. Even if you are legally present in the U.S., you could lose your legal immigration status and face removal proceedings. In some cases, deportation can delay your return to the U.S. or prevent you from ever being able to return.

If you receive notice to appear in immigration court for deportation, an immigration lawyer can help protect you. A lawyer can represent you in removal proceedings to seek a waiver so you can stay in the country. Contact a local immigration lawyer for legal advice about your case.

How Can You Get Deported?

U.S. citizens cannot be deported, whether they’re citizens by birth or by naturalization. However, lawful permanent residents (LPRs) and non-citizens can face deportation for various reasons. Some common reasons for deportation include:

• Visa and green card violations: If you’re in America on a temporary visa or on a green card awaiting citizenship, you can be deported if your visa expires or you violate the terms of your green card.
• Fraud: You can face deportation if you falsify documents or use false information to get a visa or green card. This includes marriage fraud or document fraud.
• Criminal activity: If you’re convicted of a crime, you could be deported. This includes violent crimes, felonies, drug crimes, or sex offender convictions.
• Undocumented entry: If you evade border control when entering the country, you may have inadmissibility upon entry. This includes coming to the U.S. outside of the official procedures or remaining here undocumented.

What Happens in Deportation and Removal?

The removal process may start with a Notice to Appear. This has important information, including the date and location and charges under U.S. immigration laws. If you don’t appear for a removal court hearing, the U.S. immigration judge will generally issue an order of removal even if you are not there.

Deportation proceedings can involve expedited removal or removal through immigration court. Voluntary departure may also be available.

Expedited Removal

Expedited removal is often used when someone enters the country without paperwork or with forged paperwork. Usually, a DHS officer gets to decide if you will be immediately deported to your home country. You will not always get an opportunity to plead your case before an immigration judge. Expedited removals are more common if you are within 100 miles of a U.S. border or port of entry.

Immigration Court

The U.S. Immigration and Customs Enforcement (ICE) detains immigrants. Local law enforcement can typically only hold immigrants for 48 hours before turning custody over to ICE. Once in ICE custody, you can be held for longer while waiting for trial.

You will have a chance to appear before a judge and argue against your removal. The judge can either agree to the deportation or terminate the case. However, a withholding of removal does not automatically mean you have legal status.

If the judge rules for deportation, you can appeal or agree to the deportation. You have a limited amount of time to appeal to the Board of Immigration Appeals (BIA). If you plan to appeal, contact your immigration lawyer as soon as possible.

Voluntary Departure

Voluntary departure is a possible alternative to removal. With voluntary departure, you have to pay to return to your home country by a certain deadline. However, you can avoid a final order of removal. A final order of removal may prevent you from reentering the U.S. With voluntary departure, you may be able to lawfully return to the U.S.

How To Prevent Deportation

You can avoid the risk of deportation by becoming a legal U.S. citizen. However, naturalization is complex and time-consuming. Not everyone can get citizenship.

You may be able to cancel your removal if you meet certain criteria. If you’ve been in the U.S. for many years (often 10 or more), worked, paid taxes, and avoided legal trouble, you may be able to get a cancellation of removal or an adjustment of status.

If you were brought to the U.S. as a child and are still living here without documentation, you may qualify for the Deferred Action for Childhood Arrivals (DACA) program. Eligibility generally requires continuous presence in the U.S., enrollment in school or graduation, and no criminal convictions. If you receive a deportation order, talk to an immigration lawyer about your DACA eligibility.

Get Legal Help With Deportation

One of the best ways to prevent deportation is to work with an experienced immigration attorney who understands your rights and the legal system. They can help you explore your legal options for staying in the U.S. and make sure you receive fair treatment throughout the deportation process.