Getting deported from the United States means being sent back to your home country. It can be a frightening process for everyone involved. If you are facing deportation, it is important to speak with an experienced immigration attorney. There are several ways that someone can be removed from the country, including criminal convictions and violating immigration laws.
The government deports many people each year. The vast majority of deportations are done because the government believes they have committed a crime or violated their visa or other immigration status. Depending on your circumstances, you may be able to avoid deportation by showing that you have a good moral character or that you would suffer extreme hardship for a lawful permanent resident or U.S. citizen spouse, child or parent if you were forced to leave the country.
The Deportation Process
In order to be deported, the government must formally accuse you of being removable. The person who files the accusation is called the “petitioner,” and in some cases it can be the USCIS. The petitioner must have a valid reason for wanting to deport you, and it must be based on the facts of your case. The petitioner must also show that you are not a flight risk or a security threat. It is the government’s burden to prove that you are removable by clear and convincing evidence.
You will be detained during the removal proceedings, which can last for a few months or more. Typically you will be kept at an Immigration Detention Center or contracted prison. During these proceedings, you may request a Bond Redetermination Hearing to determine if you are eligible for bond. The judge will hear from the defense and ICE and make a decision on whether you can post bond or not. If you are not granted bond, the judge will schedule an Evidentiary Hearing to decide what happens next.
Once the judge makes a ruling, it is mailed to you and you have 30 days to file an appeal with the Board of Immigration Appeals or the Federal Courts. Filing a notice of appeal generally stays the order of deportation until it is resolved.
It can take years to resolve the matter of deportation if you are placed in removal proceedings, and sometimes it is not possible to avoid being deported from the country. If you are deported, you will be barred from returning to the United States for a set amount of time (usually five or ten years) depending on your situation and the grounds for your removal. The process of removing you from the country can be complicated and time-consuming, but with the help of an experienced lawyer, there are often avenues to stay in the country. If you are facing deportation, we encourage you to contact our office immediately for a consultation. We can provide you with the information and advice you need to prepare for the worst. We are here to help you every step of the way.