One of the most frightening things that can happen to you as an immigrant is to be served papers placing you in removal (deportation) proceedings. Suddenly, you have to appear in court to argue why you should be allowed to remain in the country. This process is so stressful that many immigrants fail to appear in court even if they have a deportation defense attorney, simply because they are so scared that they will immediately be removed from the country if the deportation order is issued.
The truth that many immigrants who face deportation do not know is that they may have a solid legal footing to contest the removal proceedings before the Immigration Court. Even if the Immigration Judge issues a deportation order, there is always at least one appeal to the Board of Immigration Appeal and sometimes a second appeal to the US Circuit Court of Appeal. Such appeals can take between 2 to 5 years and during the first appeal ICE (Immigration and Customs Enforcement) can actually be prevented from physically deporting the immigrant. Working with experienced
immigration lawyers through a reputable immigration law office can help you have the best chance of getting your deportation order waived or appealed without any crucial legal mistakes. They can also help you understand why the deportation order was issued, your options for waiving or appealing the order, and how to proceed with your case.
What is a deportation order?
The US has four different kinds of deportation orders:
- Administrative removals
- Expedited removals
- Removals ordered by an immigration judge after a legal proceeding
- Reinstatements of prior orders
The removal process starts the moment you have been given something called a Notice to Appear, otherwise known as a deportation notice. Once you have received this notice, it is crucial to call an immigration law office, so you can understand exactly why this notice has been given to you and how you can move forward with legal proceedings.
Why are deportation orders issued?
There are a number of reasons why someone may have been issued a deportation order. These reasons include:
- They did not leave the country voluntarily before their visa expired.
- They had fraudulent immigration documents.
- They came into the US illegally.
- They have been determined to be a threat to public safety.
- They have committed a criminal offense.
When you receive a Notice to Appear, it will include information such as your name, country of origin, and the reason for the upcoming court hearing. This information will include a statement elaborating on why the recipient was believed to have broken immigration law. It will also remind you that it is your right to have legal representation during the hearing.
The first thing you should do immediately after receiving a deportation notice is to call a deportation defense attorney to represent you during the hearings and legal processes. A qualified attorney will be able to help you understand your case while also ensuring that you are taking all of the legal steps necessary to waive or appeal the deportation order.
What are deportation hearings like?
After receiving a Notice to Appear, you will have at least two hearings. The first hearing is often fairly quick, and its purpose is to set a date for your case to be heard. The lawyer that is working on your case through an immigration law office will assist you with this hearing. They will also prepare you for any questions that the judge may ask you about whether or not you admit or deny the allegations made against you.
The second hearing will give you an opportunity to present your case before the judge. Your immigration attorney will help you present evidence to argue why you should not be removed from the country. Meanwhile, the government will present its reasoning for why you should be deported. After both sides of the case have been heard, the judge will make their ruling. Depending on what the judge’s ruling is, your deportation defense attorney may then submit an appeal to the deportation order.
How can an immigration law office help you waive or appeal your deportation order?
Immigrants who have had a judge rule to have them be deported have a right to submit an appeal within 30 days depending on what their grounds for removal are. Keep in mind that some grounds for removal make it impossible to submit an appeal, such as if they have committed a crime.
Another option is called a waiver of removal or stay of removal. This waiver requests that the US government forgives the immigrant’s presence in the country. The difference between waiver of removals and appeals is that appeals can only be filed after the hearing, whereas a waiver can be filed before the hearing. No matter which option you pursue, a deportation defense attorney can advise you and ensure that your appeal or waiver is submitted properly with no adverse legal mistakes.
Appeal Deportation Order
If a judge has already ruled that you are to be deported, the good news is that there are at least three ways to appeal the order. When working with a qualified attorney from an immigration law office, they will try to explore one of these three avenues for appealing a deportation order in the US:
- Cancellation of Removal Order: Immigrants who have lived in the US lawfully and without incident for seven years or have been an LPR (legal permanent resident) for five years may qualify for a one-time cancellation to the deportation. They may also be granted a cancellation of the removal order if they have had continuous residency for 10 years or if removal would cause hardship for a family member.
- Status Adjustment: Immigrants who have a pathway to permanent residence or an immediate immigration visa may avoid deportation due to a change of legal status.
- Asylum: Immigrants who can demonstrate that they cannot return to their country of origin due to reasonable fear of persecution may be able to apply for asylum with the help of a deportation defense attorney and potentially be granted a stay of execution. These claims of persecution are typically made based on race, religion, or political affiliation.
Contact a Deportation Defense Lawyer Today
If you are an immigrant who has been served a deportation order, chances are that you’re afraid of what will happen. You may be confused about why you have been served the Notice to Appear, or you may be overwhelmed by the legal proceedings. That’s why it’s crucial for you to contact a qualified immigration law office and speak with a
deportation attorney who can help you negotiate with the USCIS, file a waiver, or appeal the deportation order.
The Law Offices of Malvern C. Burnett APLC have handled many cases just like yours, and our years of experience make us qualified to help you get the best outcome possible for your deportation or removal case. We understand that you are scared, and we are here to offer you the support and guidance you need to get through this stressful process. Call us today to learn more about how we can help you with your deportation order.
