OUR IMMIGRATION SERVICESDeportation and removal from the United States

Author: Attorney Vitaly Malyuk. License: MO No. 73573

Understanding Deportation and the Removal Process

Deportation, also known as “removal,” is the legal process by which non-citizens are required to leave the United States because they have violated immigration laws or no longer have permission to be in the country. The removal process can be either voluntary or enforced, and it often causes significant stress and uncertainty for those facing it.

As U.S. immigration laws become stricter, the risk of deportation is increasing for many individuals. If you or a loved one is at risk of deportation, it is important to understand the process, the consequences, and the legal options available to you.

At the Arvian Law Firm, our immigration attorneys specialize in deportation defense. We are dedicated to helping clients navigate the complex deportation process and explore potential legal avenues to remain in the U.S. These avenues may include asylum, cancellation of removal, and other immigration remedies. Our team is here to protect your rights and help you stay in the country.

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Legal grounds and defenses against deportation

Deportation and Removal Laws

The Immigration and Nationality Act (INA) governs the laws governing deportation and removal from the U.S. It outlines various grounds on which an individual can be deported, including criminal activity, immigration violations, security concerns, and other offenses. Laws such as the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 have expanded the government’s ability to remove individuals from the country for a broader range of offenses.

The Department of Homeland Security (DHS), through agencies such as U.S. Immigration and Customs Enforcement (ICE), is responsible for enforcing these laws. Deportation proceedings begin when DHS determines that a person has violated immigration laws.

Here are some common reasons people may face deportation:

Illegal presence in the U.S.: Overstaying a visa, entering the country without authorization, or failing to maintain legal status. In certain cases, individuals may be returned to their home country without a hearing.
Visa Violations: Violations of visa terms, such as working on a tourist visa or attending school on a student visa, can result in deportation.
Criminal Activity: Committing serious crimes, such as drug trafficking, fraud, terrorism, or smuggling, can lead to deportation, even if the person has legal status in the U.S.
Fraudulent Marriages: Entering into a marriage for immigration benefits is illegal and may result in deportation.
Other Violations: Failure to report a change of address or providing false information to immigration officials may also result in deportation proceedings.

Defending Against Deportation and Protecting Your Rights

Facing deportation can feel overwhelming, but there are several legal defenses available to protect your right to remain in the U.S. If you are in removal proceedings, it’s important to understand your options and seek expert legal advice to increase your chances of success.

Common forms of relief from removal include:

Asylum: If you fear returning to your home country because of persecution based on race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. A successful asylum application can help you stay in the U.S. even if you have violated immigration laws.
Cancellation of Removal: Individuals who have lived in the U.S. for a long time and have strong family ties or have contributed to society in a meaningful way may be eligible for cancellation of removal. This can prevent deportation for those with certain qualifying circumstances.
Appeals and Legal Challenges: You have the right to appeal any deportation order. Working with an experienced immigration attorney can help you build a strong case and present the best possible defense.

In addition, certain actions, such as social media activity or tattoos that may be associated with criminal organizations, may negatively affect your case. U.S. authorities may review social media to determine if you are a security threat, and tattoos associated with gangs or criminal groups may raise suspicion. If you have such tattoos, it’s important to be transparent about their meaning and to explain them if necessary.

Answers to FAQs

What is the difference between removal and voluntary departure?

Deportation is the formal removal of a non-citizen from the United States by the government after a court order. Voluntary departure, on the other hand, allows an individual to leave the U.S. on his or her own accord within a specified period of time without being formally deported. Voluntary departure may have less severe consequences for future re-entry into the U.S..

How long will the deportation process take?

The length of the deportation process can vary greatly depending on the complexity of the case and the court’s docket. It can take anywhere from a few months to several years. Appeals and requests for relief from deportation, such as asylum or cancellation of removal, can further prolong the process. A skilled immigration attorney can help expedite certain steps where possible.

Can I get a work permit while in removal proceedings?

In some cases, it is possible to apply for a work permit while in removal proceedings, especially if you are eligible for certain forms of relief, such as asylum or Temporary Protected Status (TPS). An immigration attorney can help you determine if you are eligible for work authorization during this time.

What happens if I miss a court hearing during my removal proceedings?

Missing a court hearing during removal proceedings may result in a “failure to appear” order, which can lead to a removal order in your absence. It is extremely important to attend all scheduled hearings. If you miss a hearing, you should immediately contact an immigration attorney to try to reopen your case and avoid automatic deportation.

If I am deported, will I ever be able to return to the United States?

Whether you can return to the U.S. after being deported depends on the reason for your deportation. Some people are barred from re-entry for several years, while others face a permanent bar. However, there are potential avenues to seek re-entry, such as applying for a waiver of inadmissibility or through a family petition. Legal advice from an experienced immigration attorney is essential in these cases.

Can I appeal my removal order?

Yes, you have the right to appeal your deportation order. The first level of appeal is to the Board of Immigration Appeals (BIA). If you are not satisfied with the BIA’s decision, you may be able to appeal to a federal district court. An immigration attorney can help you determine the best way to appeal your case.

Can I stop my deportation if I have U.S. citizen children?

In some cases, having U.S. citizen children can help delay or prevent deportation. One option is to apply for cancellation of removal based on the hardship your U.S. citizen children would face if you were deported. However, this process is complex and very specific. An immigration attorney can assess whether your case qualifies for this type of relief.