Immigration Deportation: Answering Most Common Questions

If you are an immigrant in the United States, you may be concerned about your legal status and whether you have a deportation order. Therefore, if you are a noncitizen with a deportation order, it is crucial to take action immediately to try to stop it.

As an immigration law firm with a long history of helping immigrant victims with their immigration cases, Odunlami Law Firm can provide the legal representation you need to see this process through and fix your status. Our New Jersey immigration law firm works with clients locally, nationwide, and internationally.

In this article, we will answer the most common questions about deportation, including;

What is deportation, and who can be deported?
What are the grounds for deportation?
What is the deportation process?
What are the rights of someone who is facing deportation?
What are the options for someone who is facing deportation?

What is deportation, and who can be deported?

Deportation is the process of removing a noncitizen from the United States for violating immigration law. For example, the U.S. may detain and deport noncitizens who:

Have violated their visa, which is the most common reason for deportation
Be an active participant in criminal acts. These criminal acts include breaking U.S. law and marriage fraud, falsely presenting themselves as a citizen of the United States, and falsifying immigration documents.
They threaten public safety, including terrorist activities, human trafficking, and drug crimes.

How do I find out if I am being deported?

You can call the hotline for Executive Office for Immigration Review (EOIR) – 800 898 7180 for your status. You can also enter you’re A# on this page.

EOIR can provide information on your case and the specific reason for deportation. The government may initiate removal proceedings by issuing a Notice to Appear (NTA) specifying the reason for deportation.

What is the deportation process?

The deportation process begins when the government issues a Notice to Appear (NTA) to a noncitizen. First, the NTA will list the grounds for deportation. Then, the noncitizen has the right to a hearing in immigration court to contest the deportation.

If the immigration judge finds that the noncitizen is removable, the noncitizen will be ordered deportated. However, the noncitizen has the right to appeal the deportation order to the Board of Immigration Appeals (BIA). The BIA is the highest administrative court in the immigration system.

If the BIA upholds the deportation order, the noncitizen will be removed from the United States. However, the noncitizen may be able to return to the United States if they are granted a waiver of inadmissibility.

What are the rights of someone who is facing deportation?

Here are some of the rights of someone who is facing deportation:

They have a right to a fair hearing.
The right to an attorney.
The right to present evidence.
The right to cross-examine witnesses.
They have the right to appeal the deportation order.

What are the options for someone who is facing deportation?

If you are facing deportation, it is crucial to speak with an immigration attorney. An immigration attorney can help you understand your rights and options and represent you in immigration court.

Here are some of the options for someone who is facing deportation:

Voluntary departure

Voluntary departure is a program that allows noncitizens to leave the United States voluntarily without being deported. In addition, noncitizens participating in voluntary departure may be eligible for a waiver of inadmissibility.

Cancellation of Deportation

Cancellation of deportation may be granted if you have been continuously physically present in the U.S. for at least ten years, you’re a person of good moral character, and removal from the country would cause extreme hardship to you, your spouse, your kids, or your parents (provided that those family members are lawful permanent residents or U.S. citizens).

Withholding of removal

Withholding of removal is a form of relief available to noncitizens who would be persecuted in their home country. Noncitizens granted withholding of removal are not removable from the United States.

Waivers of inadmissibility

A waiver of inadmissibility may be available to you if your attorney can show the immigration judge that your removal from the United States would cause extreme hardship to you or your family members who depend on you.

Granting of Asylum

An asylum is a form of relief available to noncitizens fleeing persecution in their home country. Noncitizens who are granted asylum are granted lawful permanent resident status in the United States.

Adjustment of status

Adjustment of status is a process that allows noncitizens in the United States to adjust their status to lawful permanent resident status. Noncitizens eligible for adjustment of status must meet specific requirements, such as having a qualifying family member in the United States.

What do I do if I have a deportation order?

If you do have a deportation order, it is crucial to take action immediately to try to stop it. The first thing you should do is work with an experienced immigration attorney who can help you navigate the complex legal process and present the best possible case to try to stop the deportation order. Remember may also have options and be able to file an appeal or request a stay of deportation.

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