How is the Deportation Process in the United States?

Receiving a Deportation Order in the United States can be a devastating experience for any immigrant. However, it is important to understand that a Deportation Process in the United States does not always mean the end of your stay in the country. With proper legal defense, you can appeal the decision and fight for your right to remain in the United States. Below, we will discuss the deportation process, legal rights under a deportation order, and how an immigration attorney can help you navigate this complex legal system.

What is Deportation and How Does It Work?

Deportation is the legal process by which the United States government removes an immigrant from its territory and sends them back to their country of origin. This process can be initiated for various reasons, including violations of immigration laws, the commission of serious crimes, or illegal presence in the country.

Legal Defense Against Deportation

Facing a deportation order can be frightening, but there are legal resources to fight it. Legal defense against deportation is essential to protecting your rights and your stay in the country. An attorney specializing in immigration can evaluate your case, identify the best defense strategies, and represent you before the immigration court.

Legal Rights Under a Deportation Order

If you have received a deportation order, you have rights that must be respected throughout the process. These include the right to a fair hearing, the right to appeal the decision, and the right to legal representation in deportation cases. 

With proper guidance, you can ensure your rights are protected at every stage of the process.

The Deportation Process in the United States

Stage 1: Detention and Notice to Appear

The deportation process typically begins with the immigrant’s detention by immigration authorities, followed by the issuance of a Notice to Appear (NTA). This document notifies the immigrant of the need to appear before an immigration judge to initiate the deportation process.

Stage 2: Deportation Hearing

During the deportation hearing, the judge will hear arguments from both the government and the immigrant. This is where deportation defense for immigrants will be presented. Depending on the circumstances, your attorney may argue that you qualify for some form of relief, such as asylum, cancellation of removal, or an adjustment of status. It is crucial to be well-prepared for this hearing, as the judge’s decision will determine whether you will be deported or allowed to remain in the country.

Stage 3: Deportation Appeal

If the judge issues a deportation order, not all is lost. You have the right to appeal the decision to the Board of Immigration Appeals (BIA). A deportation appeal can extend the process and give you a second chance to present your case. It is essential to have an attorney experienced in appealing a deportation order in the United States to maximize your chances of success.

Common Reasons for Deportation

There are several reasons why an immigrant may be deported from the United States. Some of the most common include:

Violation of Immigration Laws

Entering the country without a valid visa, overstaying after your visa has expired, or working without authorization are some of the immigration violations that can result in deportation.

Committing Serious Crimes

The commission of certain serious crimes, known as «crimes of moral turpitude,» can lead to deportation. These crimes include, but are not limited to, homicide, drug trafficking, fraud, and domestic violence. Even immigrants with permanent residency can be deported if convicted of these crimes.

Fraud or Misrepresentation

Lying on your visa application or any other immigration process can be grounds for deportation. The government takes any attempt at fraud or misrepresentation in immigration matters very seriously.

What to Do if You Receive a Deportation Order?

If you or a loved one has received a deportation order, it is crucial to act quickly. Here are some steps you should take:

1. Contact an Immigration Attorney

The first thing you should do is contact an immigration attorney experienced in deportation cases. An attorney can provide legal advice, help you understand your options, and represent you throughout the process.

2. Review the Notice to Appear

Make sure to carefully review the Notice to Appear. This document will provide important information about your case, including the date and time of your hearing. Failing to appear at the hearing can result in a deportation order in your absence.

3. Prepare Your Defense

With the help of your attorney, you should start preparing your defense as soon as possible. This may include gathering evidence, identifying witnesses, and preparing your testimony.

4. Consider All Legal Options

There are several ways to fight a deportation order. Your attorney can help you determine if you qualify for any form of relief, such as cancellation of deportation, asylum, or adjustment of status.

Legal Options to Avoid Deportation

Cancellation of Removal

Cancellation of removal is a legal relief that allows certain immigrants to avoid deportation if they meet specific requirements, such as having been in the country for a prolonged period and proving that deportation would cause extreme hardship to a family member.

Asylum

Immigrants who fear persecution in their home country due to their race, religion, nationality, membership in a particular social group, or political opinions can apply for asylum. If granted, asylum can allow the individual to stay in the United States.

Deferred Action for Childhood Arrivals (DACA)

DACA provides temporary protection from deportation and the ability to obtain a work permit for certain immigrants who arrived in the United States as minors and meet specific requirements.

Stay of Removal

In some cases, an immigrant can request a stay of removal based on humanitarian factors, such as severe medical issues that cannot be treated in their home country.

Conclusion

Facing a deportation order can be terrifying, but you don’t have to face it alone. At Perdomo Dorsett Immigration Law, our immigration attorneys in Dallas are ready to help you defend your rights and fight for your ability to stay in the United States.

With over 20 years of combined experience, our team is committed to providing you with the best possible legal representation in your deportation case. Contact us today to schedule a consultation and start building your defense!