Frequently Asked Questions About Deportation
The threat of deportation—officially known as “removal”—is one of the most frightening and stressful situations for an immigrant. Scott D. Pollock & Associates, P.C. ensures you don’t face deportation alone.
We understand the complex and ever-changing nature of immigration laws and the U.S. deportation process. We will fight by your side every step of the way to help you reverse or modify the deportation order and stay in the United States.
Understanding the U.S. deportation process is crucial, and we’re here to address common questions to help you navigate this complex system.
What are grounds for deportation in the U.S.?
Reasons for deportation include:
- Visa violations
- Criminal convictions
- Unlawful presence
- Illegal entry
- Fraud or misrepresentation in immigration documents
- Marriage fraud
- The individual is deemed a national security threat
Why do I need legal help for deportation?
Hiring an attorney to help in your deportation defense is not required by law. However, appealing deportation and navigating ever-changing immigration laws is complex and taxing. An experienced attorney who understands immigration law offers the best chance of remaining in the United States.
What is the role of an immigration attorney?
An immigration lawyer specializes in all aspects of immigration law, including deportation. It is the attorney’s responsibility to stay current on immigration laws and guidelines, as these can change at any time.
An immigration attorney provides:
- Legal representation
- Case evaluation
- Document preparation
- Court appearances
- Defense strategy development
What are deportation defense strategies?
Your attorney can take several legal actions to defend you from being deported. One of our lawyers will assess your case to choose the best course of action for your circumstances.
Top defense strategies include:
How do I know my immigration court deportation process has begun?
You will receive a Notice to Appear (NTA) from the Department of Homeland Security (NHS) by mail or in person. The NTA is the first step in U.S. removal proceedings. The NTA informs you of the reason for your removal and provides you with the first court date.
How long does the deportation process take?
The timing of the deportation process varies greatly and can take days to years, depending on the circumstances and legal complexities. The best action to take when facing deportation is to consult an immigration lawyer immediately.
What are my rights during deportation?
You have several legal rights during the deportation process. You have the right to:
- An attorney
- An interpreter
- Present evidence
- Challenge the grounds of your deportation
- Appeal an unfavorable decision
- Humane treatment
What is an immigration deportation appeal?
An immigration deportation appeal is a legal process used to challenge a deportation. The U.S. immigration appeal process allows you to make your case to a higher authority, potentially allowing you to remain in the United States.
What is a deportation order reversal?
A deportation order reversal is a legal process that cancels the deportation and stops your removal from the United States. The reversal generally restores your immigration status, allowing you to stay in the U.S. without the threat of deportation.
How do I avoid U.S. deportation?
Avoiding deportation in the U.S. requires a proactive approach. As an immigrant, the possibility of deportation always looms, especially with newly elected governments and frequently changing immigration laws.
Avoiding U.S. deportation includes:
- Maintaining legal status
- Following visa guidelines
- Avoiding criminal activity
- Responding to all legal notices
- Applying for asylum if applicable
- Consulting an immigration attorney
Can I avoid deportation by marrying a U.S. citizen during the removal process?
It is possible to prevent deportation by marrying a U.S. citizen during the removal process. Marriage does not automatically stop the process; you must prove to immigration officials that the marriage is genuine and not fraudulent. An immigration attorney can help with this challenging process.
What is voluntary departure?
Voluntary departure is a legal option that allows you to leave the U.S. on your own terms. While it’s not the ideal outcome, it does have some benefits, mainly that you will not have deportation on your record, which can help you re-enter the U.S. in the future.
Is deportation permanent?
Deportation is not always permanent but depends on the reason(s) for your deportation. Often, there is a five- to 20-year ban on re-entering the U.S., but this depends on the circumstances. A U.S. immigration lawyer can help you apply to legally re-enter before the ban expires.
