Deportation (also known as removal) is when the federal government removes formally an alien from the United States due to the violation of several immigration laws, or criminal, which is described in more detail below. Once deported, an alien may lose the right to return to the United States, even as a visitor.
The deportation is a legal proceeding and a foreign national who is subject to this procedure has legal rights prior to being removed to the country, which includes the right to question the deportation itself for reasons of procedural or constitutional. We would like to discuss the process of deportation in this article.
If you want to get legal assistance with the deportation process, it is recommended to contact a lawyer who specializes in immigration.
Types of Aliens who May Be Deported
Any foreigner who is in the United States may be subject to be deported or removed in the following cases:
- if you are a foreign national inadmissible according to the immigration laws in effect at the time of their admission to the United States, or in virtue of the adjustment of status of nonimmigrant;
- if you are present in the United States, and that such presence violates the Immigration and Nationality Act or any other U.S. law;
- if you failed to comply with its condition of non-immigrant or a condition of entry to the United States;
- if you completed your conditional permanent residence;
- if incited, or assisted another alien to enter the United States illegally;
- if you were involved in a marriage fraud in order to be admitted into the United States;
- if you received a conviction due to certain criminal offenses;
- if you haven’t registered or falsified documents related to the admission to the United States;
- if you participated in any activity that endangered the public safety or created a risk of national security;
- if you voted unlawfully.
The Process of Deportation or Removal
- The Service of Immigration and Customs enforcement of the United States will send a notice of appearance (notice to appear, NTA) abroad and this is filed with the immigration court. In addition to containing general information about the immigrant (name, country of origin, etc), the NTA also specifies the grounds for the deportation or removal.
- To schedule a hearing, during which the immigration judge asks if the alien is ready to proceed with the cause or if you need time to find a lawyer. If the alien needs time to find an attorney, schedule a hearing for a later date.
- Once the alien has an attorney or has elected to proceed without one, the immigration judge will ask you to verify the contents of the NTA.
- If the judge determines that the information in the NTA is correct and that the alien can be deported, this receives the opportunity to apply for any type of waiver of deportation. If the alien is eligible to receive some type of exemption, and you decide to request an individual hearing. If the alien is not eligible, he will be ordered for the deportation.
- If an individual hearing is held, the alien will have the opportunity to give their testimony and call witnesses to testify on your behalf. At the end of the hearing, the immigration judge will make an oral decision on the matter or issue a written decision later.
- If it is ordered that the alien be deported, there are 30 days from the date of the decision to appeal to the Board of Immigration Appeals (Board of Immigration Appeals, BIA). If the BIA decides against the alien, the alien has the option of appealing to the appropriate U.S. Court of Appeals. The immigration service has the opportunity to appeal an unfavorable decision of an individual hearing, but may not appeal an unfavorable decision by the BIA. Both the foreigner and the immigration service may appeal the decision of a court of appeals to the supreme Court of the United States.
How to Obtain Legal Help in a Case of Deportation or Removal
If you or a loved one are facing a possible deportation or removal, it is important that you contact an experienced immigration lawyer to analyze the facts of the case and protect your rights.
