The removal process is one of the most feared within the U.S. immigration system, as it could mean, among other things, departure from the country. However, What happens if I get a deportation order? How do I know if I have one in progress? What to do in the face of this tough process?
Today the experts at Zava Immigration Law Group will answer all these questions. Don’t let a deportation order end your dreams. Contact our lawyers and let’s fight together for your right to stay in the country you have chosen as your new home.
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Consequences of a deportation order in the U.S.
Now, what happens if I get a deportation order? The penalties of a deportation order vary depending on the crime you have committed and your immigration status. However, these are some of the most common consequences:
- Prohibition of entry for a period that may vary from 5 to 20 years, and may even be permanent in serious cases.
- Cancellation of visas in case of violation of the terms of your visa, such as working without authorization.
- Loss of permanent residence status (green card) in case of committing crimes.
- Possibility of being detained and deported for illegal entry or committing crimes in the United States.
- Inadmissibility at the border or home port, which may result in a 5-year ban.
- 10-year ban in case of a deportation order as a result of a trial in Immigration Court.
- Possibility of obtaining an additional 10-year ban if an attempt is made to return before the end of the initial 10-year ban.
- Lifetime ban for those convicted of felonies or who return illegally after having been in the country for more than one year.
Be aware that the consequences of deportation can be severe and can have a lasting impact on your immigration status. Therefore, it is essential to have quality legal assistance to avoid removal. At Zava Immigration Law Group we can help you. Talk to a lawyer today and fight to cancel your deportation.
What grounds can lead to a deportation order?
While the grounds that can lead to an order of deportation from the United States are varied, they can be grouped into seven broad categories. These are:
- Entering the country illegally: Entering the United States illegally, by evading legal points of entry or using false documents, may result in deportation proceedings.
- Violation of visa conditions: Failure to comply with the conditions of a visa, such as working without permission or remaining in the country after the expiration of the visa, may be grounds for deportation.
- Criminal offenses: Committing serious crimes such as murder, forgery, fraud, rape, drug or weapons trafficking can lead to deportation proceedings, even if you have legal status.
- Prior grounds of inadmissibility: Having an aggravated felony conviction or prior legal problems that result in inadmissibility upon entry to the United States may lead to deportation.
- Threat to public safety: If the government considers that an immigrant poses a threat to national security, it may initiate deportation proceedings against him or her.
- Public charge: If a person is deemed likely to be dependent on government assistance for subsistence, he or she may be subject to deportation.
- Fraud: An immigrant who provides false information or commits fraud to obtain a visa may be subject to deportation.
Remember that each case is unique, and the deportation decision depends on several factors. Therefore, it is advisable to seek an immigration attorney to analyze your case and choose the best course of legal action. At Zava Immigration Law Group we can help you. Contact us and start preparing your defense against deportation.
How do I know if I have a deportation order in the United States?
That said, how do I find out if I have an order of removal in the United States? There are several ways to find out if you have a removal order in process. Some of the most popular and simple ones are:
- Contacting the Immigration Court: One way to verify whether you have a deportation order is to contact the Immigration Court. You can make a FOIA (Freedom of Information Act) request to access your immigration records in the country.
- If you have already been through Immigration Court: If you have been through an immigration court proceeding, you can follow these steps to find out if you have a deportation order:
- Call +1 (800) 898-7180.
- Dial number 2 to receive instructions in Spanish (if needed).
- Follow the prompts on a recording that will ask you to enter your alien number given at the court.
- Follow the new instructions for more information about your situation.
- If you have not been through Immigration Court: If you have not had an immigration court proceeding, you may want to consult with an attorney to verify if you have a deportation order against you.
In addition, there are other ways in which you may be at risk of deportation in the United States, such as:
- Regular deportation: If you receive a Form I-862 (Notice to Appear), you may be at risk of deportation. This usually applies to those who cross the border without authorization, enter on expired temporary visas or are involved in illegal activities.
- Expedited Deportation: If you receive a Form I-860 (Notice and Order of Expedited Removal), you may be deported immediately if you have resided in the United States for more than 14 days and have not been detained at the border.
- Reinstatement of a Deportation Order: If you reenter the United States without permission after being deported, you may receive a Form I-871 (notice of intent to reinstate a prior order).
- Old Deportation Order: You may also receive a Form I-205 (deportation order) if you were detained at the border and barred from entering the U.S. for a certain period of time, or if you failed to appear at your hearing before the immigration judge.
It is important to seek legal advice if you have doubts about your immigration status. At Zava Immigration Law Group we can help you understand your case and choose the best course of legal action. Do not risk your future by facing this process on your own. Contact us today and secure your stay in the United States.
What to do if I received a deportation order?
Faced with a deportation order, the first thing to do is to seek legal assistance to advise you and prepare you to begin the deportation process. cancellation of deportation as soon as possible. It can be summarized in the following steps:
Step 1 – Receipt of Notice to Appear
The process is initiated when you receive a Notice to Appear from Immigration and Customs En forcement (ICE). This notice informs you that you are at risk of deportation and must appear in immigration court to defend your case.
Step 2 – Preparation of the Application
You must prepare an application for cancellation of removal using Form EOIR 42B. It is essential to support your application with adequate documentation demonstrating your eligibility, including proof of your time in the United States, good moral character, and extreme impact on your U.S. citizen family members (if any).
Step 3 – Appearance in Immigration Court
After the application is filed, an immigration court hearing will be scheduled. During the hearing, an immigration judge will evaluate your case, review documentation and listen to your arguments. At this stage, having an immigration attorney is essential to represent you effectively.
Step 4 – Eligibility Evaluation
The judge will assess whether you meet the eligibility requirements for cancellation of removal, such as the length of time you have been in the United States, your good moral character, and the impact on your U.S. citizen family members. Consideration will also be given to whether it poses a threat to national security, public cargo or other risk factors.
Step 5 – Monitoring and Compliance with Requirements
Once the judge issues a favorable decision and grants you cancellation of removal, you may apply for lawful permanent residence, provided you meet the requirements established by USCIS.
This process can be complicated and have a significant impact on your life. Therefore, it is important to seek legal advice. At Zava Immigration Law Goup our attorneys will provide you with the help and support you need throughout the entire process. Contact us and secure your future in the United States.
Legal resources for dealing with a deportation order in the U.S.
While there are multiple legal remedies available to address a deportation order, they can be grouped into two categories:
- Discretionary relief
- Judicial and administrative protection
These reliefs include various legal remedies to defend against deportation, which may be used as the case allows. Therefore, it is advisable to seek the assistance of a professional immigration attorney to guide you to the best remedy against deportation for your case.
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Discretionary relief
Discretionary protection may be requested during the removal process. In these cases, the defendant must demonstrate that he or she qualifies for protection from deportation. If so, it will be granted on a discretionary basis.
In addition to the cancellation of removalIn addition to cancellation of removal, this type of defense includes several legal remedies that may prevent your departure from the country. These are:
- Asylum: Asylum is a form of protection for refugees who face persecution in their country of origin because of their race, religion, nationality, membership in a particular social group, or political opinion. Applicants must demonstrate a credible fear of persecution and meet other requirements.
- Adjustment of Status:This process allows an individual’s immigration status to change from temporary nonimmigrant to permanent resident, usually through a spouse, family member, or employer. However, it is important to note that certain backgrounds can be an obstacle to adjustment of status.
- Voluntary Departure: Voluntary departure is an option that allows an alien to leave the United States without suffering the consequences of a deportation order. To qualify, the individual must admit that he must be removed and have the means to secure his return to his country of origin.
Judicial protection
Judicial and administrative relief, on the other hand, is granted after deportation hearings are completed. In general terms, they are similar to an appeal, since they aim to revoke or challenge the judgment issued by the immigration judge.
If the defendant or the Department of Homeland Security (DHS) disagrees with an immigration judge’s decision, they may file an appeal to the Board of Immigration Appeals (BIA) to overturn the decision. However, this must be done within 30 days of the decision.
How long does it take to process an appeal against a deportation order?
The resolution of a deportation appeal generally takes an average of 6 months, although this period may be shortened or lengthened depending on the complexity of the case. However, it is important to note that the time required to resolve an appeal does not necessarily indicate the decision that the court will make, so a delay does not imply an unfavorable decision.
What offenses can lead to a deportation order?
While there are multiple offenses that could lead to a deportation order, the following offenses would lead to direct removal from the United States:
– Smuggling.
– Felonies and crimes of moral turpitude.
– Involvement in drug-related crimes.
– Participation in crimes with firearms.
– Exceeding visa period or violating immigration status.
– Marital fraud.
– Situations related to national security, such as terrorism.
Are there any exceptions to the prohibition of illegal re-entry?
Yes, there are some exceptions to the prohibition on illegal re-entry, such as cases in which an alien receives prior authorization from the government or enjoys special protection, such as asylum. However, it is crucial to consult with an immigration attorney to understand these exceptions and verify your eligibility.
Can I apply for a work permit if I have a deportation order?
Not all individuals qualify for a U.S. work permit while in removal proceedings. Eligibility depends on the type of defense being presented and may vary from case to case. For example, in cases of political asylum, one must generally wait 150 days before applying for a work permit.
The importance of legal advice in the face of a deportation order
A deportation order is one of the worst fears of any migrant. However, this does not have to be the end of their American dream. With good preparation and legal advice, you may be able to obtain cancellation of removal through judicial or discretionary relief.
For this, a good defense by an experienced immigration attorney is essential. Don’t risk your future by facing this tough process on your own. The experienced team at Zava Immigration Law Group can help you. Contact us today and let’s fight together for your right to stay in your home.
Sources
USCIS –Notices of Appearance Memorandum
USA.gov – Learn how the deportation process works
USCIS – Notice of Appeal Before the Board of Immigration Appeals
Department of Justice – Form 42B
Other resources
How to Apply for Cancellation of Removal, Step by Step
Cancellation of Removal with EOIR 42B Form
Starting Over: How To Regain Your Immigration Status After Deportation
Deportation In The United States: We Explore The Most Important Causes Of Deportation
Applying For Defensive Asylum In The U.S., The Complete Guide
