How Does The Deportation Process Work?
Deportation occurs when the United States government discovers a person has violated immigration or criminal laws, entered illegally, or has overstayed their visa that needs to be formally removed from the country. While this may seem very cut and dry, the process itself is complex and does not happen overnight. To learn more about how the deportation process works, keep reading!
If someone travels to the United States without the proper documents or falsified documents, they can be deported without a court hearing through an expedited removal. In other cases, the individual will go before a judge in an immigration court hearing, resulting in a longer deportation process.
There are several different classes of individuals that could be subjected to the deportation process. These classes include:
- If they are inadmissible for legal entry to the United States.
- If they cannot get an adjustment to nonimmigrant status.
- If they are currently violating nonimmigrant status or a condition of entry to the United States.
- If they have failed to register or falsify documents that are related to their entry to the United States.
- If they have committed marriage fraud to gain immigration to the United States.
- If they have been convicted of criminal offenses that violate their immigration status, such as theft, failure to appear in court, tax evasion, and child abuse.
- If they have terminated a permanent residence that was conditional to immigration to the United States.
- If they have assisted other individuals in entering the United States illegally.
- If they have participated in activities that pose a threat to the public or national security.
- If they have voted unlawfully.
Expedited immigration court hearings are fairly uncommon. The deportation process begins by a Notice To Appear being issued by the United States Immigration and Customs Enforcement. A Notice To Appear includes general information about the alien, such as their name and country of origin, but also the reason for their removal from the United States. The alien is then served this notice and the notice is filed with the immigration court.
After the notice is served and filed, a court hearing is scheduled depending on if the alien is ready to move forward with the case or if they need time to secure an immigration attorney. Prior to trial or deportation, an alien may be held in an immigration detention center. Once the alien is ready to proceed, the alien must verify the contents of the Notice To Appear to the judge. If the judge can verify that the information on the Notice To Appear is correct and that there are grounds to deport the alien, the alien then gets the chance to apply for relief from deportation if they are eligible. A few types of relief that are available during the court proceeding process include cancellation of removal, asylum, adjustment of status and voluntary departure. If the alien applies for relief, a separate court hearing is scheduled. If the alien is ineligible, the deportation process continues.
At the separate court hearing regarding the relief from deportation, the alien can provide testimony and have witnesses to testify on their behalf. Once the testimonies are complete, the judge then decides if the alien is allowed to stay or if the deportation process will continue.
Once the alien has been ordered to be deported, the alien has 30 days to appeal the decision with the Board of Immigration Appeals. If the Board of Immigration Appeals denies the appeal, the alien can then appeal with the United States Court of Appeals.
Whether or not the alien applies for an appeal, the alien’s country of origin must agree to accept them and issue travel documents before the removal order can be carried out by the United States Immigration and Customs Enforcement.
The threat of deportation is a massive burden to bear alone. To assist with your immigration status, an experienced and trustworthy immigration attorney is a great resource to have. Our attorneys at Bair Wilson Sharma are here to discuss your case and protect your legal rights. Schedule a consultation with us today.
Sources:
https://www.usa.gov/deportation
https://www.findlaw.com/immigration/deportation-removal/deportation-basics.html
https://www.thequinnlawfirm.com/articles/commonly-asked-questions-about-the-deportation-process/
https://www.findlaw.com/immigration/deportation-removal/deportation.html
https://www.findlaw.com/immigration/deportation-removal/forms-of-relief-from-removal.html