What to do if you are facing deportation

The threat of deportation is a very real concern for any foreign national living in the United States.

Deportation is the physical removal of a non-U.S. citizen from the United States for violating an immigration law. The United States deports persons who are in the country illegally, commit a crime, violate the terms of their visa or pose a threat to public safety.

WHAT DOES THE PROCESS INVOLVE?

The deportation process varies, depending on the individual’s status and reason for removal. People who are in the United States illegally are subject to immediate deportation. In these cases, a United States Immigration Officer can order an immediate removal. People who are in the country legally but violate their visa, commit a crime, or pose a threat to public safety are also subject to deportation. These individuals go through Immigration Courts. In these cases, the person undergoes a trial before an immigration judge and in the meantime, is usually held in an “ICE” detention
facility.

WHAT TO DO IF YOU ARE AT RISK OF REMOVAL

If you are facing deportation, talk to an attorney to understand your legal options. While those living in the country unlawfully do not have the right to a court-appointed attorney, individuals can secure private representation. In either case, pursuing appeals or status adjustments to avoid removal can be options to examine. Alternatively, you can choose to leave on your own (voluntary departure) instead of waiting for formal deportation.

AFTER A DEPORTATION ORDER

Once an order has been issued for removal or once a person has already left the country, they may file a form to apply for readmission to the United States. This is in no way a guarantee that someone will be admitted back in the United States, but the DHS will consider the request and individual circumstances.

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