Are you unsure of your current immigration status? If you believe you might have a deportation order, you need to act quickly.
Any immigrant in the United States may face a deportation order to their country of origin under certain circumstances. Deportation is the process of formal expulsion of a migrant when the country’s federal laws are broken. The United States Immigration and Customs Enforcement Service (ICE) is the government entity in charge of processing and carrying out deportation orders and has the power to deport all foreign nationals who participate in illegal acts, are considered a threat to public safety, or have violated their visa or immigration permits.
We know that currently, not all migrants who have a deportation order are aware of it. In many cases, an immigration court or even the USCIS can order a voluntary departure from the country. This is a resource that immigration authorities offer or grant to undocumented migrants who do not have a criminal record and do not constitute a threat to public safety.
However, on several occasions, the migrant is not aware of their deportation order, especially in cases where he has not appeared for an appointment with an immigration judge. In this article, we will provide you with the necessary information to know if you have a deportation order and how you should proceed to resolve it.
How does the deportation process work?
In the first place, it is necessary to distinguish between two types of deportation proceedings, those that must be dealt with in a hearing in ac immigration Court and those that do not require it. Migrants who travel to the United States without travel documents or with forged documents can be quickly deported without a hearing under an expedited removal order.
On the other hand, those people who must attend a hearing in an immigration court will receive a notification via a letter from the US Citizenship and Immigration Service (USCIS). This notice orders the migrant involved to appear before an immigration judge on a particular day and time.
Migrants who receive the letter and do not appear can be sentenced by a judge to deportation in absentia, which has severe immigration consequences. At the hearing, the judge will determine if the deportation order is correct in order to proceed with the deportation process, or the judge may consider some type of exoneration.
Can a deportation order be revoked?
There are ways to avoid being deported. To do this, you must proceed to an adjustment of status, in order to obtain a Green Card and become a legal permanent resident.
Some exemptions include: resorting to a relative’s petition, an asylum application, or withholding of removal if it can be justified that you will be in serious danger if you return to your country of origin. There are other methods of exoneration, as well as it is possible to appeal certain deportation decisions.
How do I know if I have a deportation order in the United States?
If you want to know if you or someone else has a deportation order or if you are looking for any information about the status of a particular court case, you will need to contact the immigration court. Luckily, you can find out if you or anyone else has a deportation order easily and free of charge through a phone call.
But if you or the person for whom you want to find out has not gone through immigration court, nor has it interacted with USCIS before, there is no easy way to find out or know their legal immigration status without specialized help in the topic. For this reason, we highly recommend working with experienced immigration lawyers to avoid making costly mistakes.
If you are in need of immigration legal advice, do not hesitate to contact us! At the Law Office of Shelle-Ann Simon we have wide experience in immigration proceedings, family law, and personal injury and have successfully defended our clients for over 10 years. Contact us through our website or give us a call at 281-606-5362!