How To Withdraw Money From Your Bank Account if You Are Deported

Deportation from the U.S. is a reality for any foreign national who is found in violation of the law. Being deported is a difficult experience. It can be especially hard for immigrants who have already been in the U.S. for many years and have accumulated properties, savings, or businesses. 

In addition to navigating the deportation process, many of these people also had to plan their departures. This includes deciding what to do with their assets and with the money in their bank accounts.

Immigration law can be very fact-specific, and there may be additional factors to consider. U.S. immigration laws can change at any time, and individuals planning to stay in the U.S. may have to leave on short notice. For the most accurate legal advice, contact a local immigration attorney who can answer your questions.

Money Earned in the U.S.

The money you have earned, raised, and accumulated during your stay in the U.S. generally belongs to you. However, it may be subject to seizure or freezing under certain legal circumstances, such as civil asset forfeiture.

Depending on the type of order issued, someone facing deportation proceedings may have some time to decide what to do with their money.

For example, if you chose to take a voluntary departure, there would likely be an opportunity to plan your exit. You usually have 120 days, during which time you can withdraw your money or decide what to do with your assets, including selling any property or cars.

What To Do If I Was Already Deported and Did Not Withdraw the Money From the Bank?

These are unfortunate but common cases when facing deportation:

• Someone was detained with a deportation order and did not have time to plan their departure
• Someone was deported but did not withdraw the money from the bank before arriving in their country of origin
• The deportee does not have someone back in the U.S. to help them

Fortunately, there are some ways to access accounts, although this can be challenging. For example, you could use the following procedures:

• Have a person act as an authorized signer on your American bank account: This agent would be able to withdraw your money and send it to your country or make a transfer from your account in the U.S. to your account in a foreign country. You may have to pay a fee to the bank.
• Contact your U.S. bank if you do not have an authorized signer: You can explain your situation and request a transfer of your money to a foreign account. Many banks support this service. You will have to comply with the bank’s requirements and wait for the wire transfer to go through.
• Use your account from your country: If you have a debit card, you could withdraw your money using an ATM. You have to pay the service fees each time you take out money. You could also pay your expenses using a credit card or debit card.
• Operate your account online: You can make the necessary transfers to other foreign accounts or even withdraw the cash using the fast remittance services of well-known companies. Check with your bank for options.
• To manage your U.S. bank account from abroad, you may need to complete a W-8 BEN form to certify your foreign status for tax purposes. Consult with your bank for specific requirements.

Financial Precautions When in Removal Proceedings

If you want to prepare in case you face deportation, you could consider the following recommendations in advance:

• Authorized signer
• Power of attorney
• Attorney representation

Authorized Signature

An immigrant to the U.S. who does not have permanent resident immigration status should consider the process of adding someone as an authorized cosigner to their bank accounts. This lets them act on your behalf and access your money. Consider a trusted friend, loved one, or family member with U.S. citizenship or a green card holder.

This is useful if you face deportation proceedings, since this person could withdraw money from the account and distribute it according to your wishes. Make sure you have full trust that this person will act on your behalf and carry out your wishes.

Power of Attorney

There is also the resource of drawing up a power of attorney (POA). This authorizes a trusted relative, friend, spouse, or acquaintance to manage your finances. It is helpful if a situation arises that prevents you from handling your own money, like facing deportation.

This person would have the authority to withdraw your money from your accounts in the U.S. and transfer it if that is your wish. A power of attorney is very advantageous. It allows you to specify what kinds of decisions you want to be made on your behalf in exact detail. This could include the management of:

• Your bank accounts
• Your businesses
• Your car and property
• The living situations of your children
• Your retirement accounts

Authorization for Your Attorney

Suppose you do not have a trusted friend or relative who you can leave authorized to handle your finances and bank accounts. In that case, you could retain the services of an immigration attorney to represent you. An immigration attorney can provide guidance on your immigration case and may be able to refer you to a specialist for property concerns.

Contact a local immigration lawyer for help getting your money if you are facing deportation.