There are several groups of individuals who can be legally deported from the United States. To discover the primary reasons why individuals are deported from the US and the steps which are involved in the deportation process, simply continue reading. You’ll even discover how to appeal deportation, if you are issued with an official deportation notice at the conclusion of your immigration hearing.
A Guide to Deportation in the United States
Who Can Be Legally Deported From The United States
- Individuals Who Have Overstayed Their Visas
If you legally enter the country on a short-term visa such as a student visa or a temporary work visa and you remain in the country beyond the date on your temporary visa, you may be apprehended by ICE. The US Immigrations and Customs Enforcement. If you are caught overstaying your visa, you may be held in one of the many detention centers which are scattered throughout the United States. If you are placed in a detention center and are unable to post bail, you’ll be detained in the center until you are transported to your immigration hearing.
- Green Card Holders Who Break An Immigration Law
Many green card holders who are legal residents in the United States are under the false impression that they can’t be deported. However, legally the only individuals who are 100% safe from deportation are full US citizens. So if you are a green card holder or plan on applying for one in the near future, once you have held your green card for five years, it’s well worth starting the process to become a citizen. In order to protect yourself from the threat of future deportation.
If you have US residency but commit an aggravated felony, you may receive a letter that orders you to attend an immigration hearing. If you are uncertain of which crimes are classed as aggravated felonies, some examples of which include fraud which has cost a victim or victims over $10,000, battery, drug trafficking, the trafficking of illegal firearms, ignoring a restraining order, battery, rape, and murder. Typically individuals who are sentenced to over 12 months in prison are likely to be deported from the country after they have served their sentence.
Individuals Who Illegally Enter The Country
The third group of individuals who are deported from the United States if they are apprehended are those who illegally enter the country. For example, some individuals falsify their travel documents in order to pass through US ports of entry while other individuals are illegally smuggled into the country. If individuals are caught illegally trying to pass through a port of entry, they will be immediately sent back to the country that they traveled to the US from.
However, if an illegal alien is apprehended by ICE in the US, they will be processed through a detention center and ordered to appear at an immigrant hearing. In most circumstances, illegal aliens will receive bag and baggage orders to leave the country, unless they submit an appeal to be granted refugee status. Refugee status is only a viable option for individuals who can prove that their life would be in serious danger if they were sent back to their country of origin. If you plan to apply for refugee status as you are concerned about facing prosecution after deportation, you’ll need to provide sufficient evidence of the political situation in your original country.
What Happens If You Are Ordered To Attend An Immigration Hearing
Be very wary of missing a scheduled immigration hearing, if you receive a letter ordering you to attend an immigration hearing and fail to turn up to the hearing, your chances of being deported will increase substantially. This is due to the fact that the presiding judge will note your absence and you won’t have a chance to present a defense that will convince the judge that you have a legal right to remain in the country. If you miss both your primary hearing and your merits hearing, it’s likely that you will face deportation.
What To Expect During An Immigration Hearing
During your primary immigration hearing, the judge will carefully explain the charge against you and why you have been ordered to attend an immigration hearing. For example, if you have committed an aggravated felony, this charge will be explained to you. After your judge has explained the charge against you, you’ll have ample opportunity to defend yourself against the charge and to present the judge with valuable evidence which may prove your right to remain in the US.
It’s important to remember that you will have two chances to present evidence to the immigration court, the first of which is at your primary immigration hearing and the second of which is at your merits hearing. The latter of which will be your second scheduled hearing. After which, your judge will decide whether to issue you with a deportation order to drop the charge against you.
What To Do If You Are Issued With A Deportation Notice
If you receive a bag and baggage order you have two options. You can choose to accept deportation or you can file an appeal. If you choose to lodge an appeal, you’ll need to do so within 30 days of your final deportation hearing. After which point you’ll no longer be able to submit an appeal. If you want to submit an appeal. In order to ensure that you’ll have a resolution to your appeal before your scheduled deportation date, it’s also a wise idea to apply for an extension to your deportation, as soon as possible.
Temporary Ban On Entering The US
If you are deported from the United States it’s highly likely that you’ll be banned from reentering the country for 5-20 years. Unless you have a waiver application approved and have a new visa approved to reenter the country.
Yes, you can be deported from the United States if you are a US resident and break an immigration law. You can also be deported from the US if you enter the country illegally or overstay a temporary visa.
The judge presiding over your case may rule against you. In this case, you will be handed a deportation notice, which will list out the conditions of your scheduled deportation.
If you do not get the result that you’re hoping for, you can lodge an appeal with the Board of Immigration Appeals. Which will also push out the date of your deportation, so that you’ll be able to stay in the United States, until a final decision has been made.
If you were curious as to what happens if you are sent an NTA or Notice To Appear for breaking an immigration law, you now have a clear idea of the process that you’ll be made to follow.
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