Removal proceedings only mean that the Department of Homeland Security doesn’t believe that you are authorized to behave, or remain in the United States, and has filed charges against you for violating civil immigration laws.
The beginning of the deportation process is very scary for our clients but only at the beginning, a deportation order can be finalized, but sometimes there are ways to reopen the case or appeal.
If you believe you have a deportation order, it is still worth consulting with an attorney to see if there are still options in your case.
In the system of laws we have in the U.S., immigration law is civil and not criminal.
There are two different ways to deal with immigration, one is affirmative which is when we apply, for example for a Visa, a family petition, citizenship, that takes us to another immigration department.
The other is a defensive proceeding, and that applies when you are in deportation proceedings in immigration court.
How Do Immigration Cases Like the U Visa Change When In Deportation Proceedings?
It makes it more difficult because deportation proceedings for detained persons move quickly, so for detained persons, the U Visa is sometimes the last or only option, but it does not necessarily prevent deportation, even if it would allow the person to return once the Visa is approved.
For people who are not detained, it may help us to ask the judge to defer, or freeze the case until the U Visa is approved, but often Homeland Security prosecutors do not fight for that.
Causes Of A Deportation Order
It could be for several reasons, it could be that the person violated the terms of a Work Visa or other type of Visa, that they have been detained by the police, that could initiate the transfer from a jail arrest to a detention center and start the deportation process.
It may also happen that the person has been apprehended by Border Patrol for attempting to enter the United States without valid documents, or legal stay.
How Do I Know If I Have A Deportation Order?
You must make a FOIA and request your immigration records.
If you have an identification number from an ICE or Border Patrol arrest, we may sometimes check the immigration court’s online, or electronic system to try to locate if there’s a deportation order.
If I Marry A U.S. Citizen, Will My Marriage Vacate My Deportation Order?
Not automatically, there’s a possibility to file a family petition and reopen the deportation order in immigration court, and show that the person already has an approved family petition, and is eligible for adjustment of status.
If the judge agrees, if the prosecutors agree, the person will be able to move forward with the adjustment of status, the bona fide marriage interview, and all that follows.
If the application is approved, the immigration court judge has the power to remove the deportation order and the risk of arrest.
What’s Voluntary Departure?
Normally, when someone leaves a deportation center with an order to leave the country within a certain period, it means that the person has signed a voluntary departure order with the deporter at the detention center.
This window of one month or three weeks is for the person to have the power to buy a ticket, and collect all their documents and personal things.
If the person signing this document agrees to voluntary departure, and the person had no idea of the knowledge in the document, or did not agree to sign this document, we can sometimes extend the deadline for departure and investigate if there is a way to reopen the case in immigration court.
In some cases, deporting agents at the detention center does not advise detainees of their rights, and do not have access to telephones to communicate with family members and lawyers.
When we do have communication, the connection is very bad, it is very difficult to listen, and the detainees do not receive all the information they need to make an informed decision.
We must consult and see if there is a way to pause or extend the voluntary departure order.
When you sign a voluntary departure order it doesn’t mean a final order of deportation.
The person is usually eligible to return with an approved family petition, but the person should not leave the country before speaking with Lincoln-Goldfinch Law about that issue, because if you do not have to leave, it is better to file the family petition here in the country.
Can I Be Deported If My U.S. Citizen Children Depend On Me As A Provider?
At Lincoln-Goldfinch Law we had a client in exactly this situation.
Yes, it is possible to be in deportation proceedings, but there are options, there are defenses against deportation cases, obviously, depending on the type of case.
In the case we have won, it is called cancellation of removal, and it is for this very reason, for people who have family members, parents, partners, or children who have legal status in the United States, and they cannot live with the parent or relative because that person is essential to manage and provide for their family financially, or emotionally.
We have to show that family members who have legal status in the United States are going to suffer extremely this harm, which is not fair, and that’s why the person should stay here.
It is a permanent residency route for the applicant, so when we win a case like that, it is a very good thing because it is something essential for the lives of the family members of that person.
Fear Of Going To Immigration Court
You should go to your hearing, because the policies that we have from President Biden on the immigration part, he says that deportation officers are not in immigration court if you are in deportation proceedings with a judge, there is no reason to be afraid of ICE because ICE already knows that you are inside the United States without permission, and you are already in deportation proceedings.
The judge has the final say about your deportation, and if you do not attend the immigration court hearing, the judge has no choice but to order you deported for failure to appear.
This way you lose your options, that is why it is always worth going to court, it is worth consulting with a lawyer, and hiring a lawyer who can accompany you, and not be afraid of deportation.
In immigration court, for the hearing, the judge has the final say, and if there’s a deportation order, it is quite difficult to reopen it when the person had notice of the date, time, and location of the hearing, and for whatever reason did not attend.
There are no police, there are no border officials like CVT, there is nothing in immigration court because it is a department of justice, it is a different department, so no, you must go to your hearing.
Applying For A Work Permit During A Deportation Order?
Not everyone qualifies to apply for and obtain a work permit. When you are in deportation proceedings in court, you need to apply to present your case for defense against deportation.
After submitting the completed application and paying the immigration fee for the case proceeding, you have to wait a certain amount of time, depending on the type of defense against deportation.
For example, in an asylum case, you have to submit the asylum application, get fingerprinted, and wait 150 days until the person is eligible and applies for a work permit, the same goes for cancellation of removal.
After applying for the cancellation of removal based on your family members who will suffer extreme hardship, you may qualify for a work permit but it is not automatic.
When you leave a deportation center there is no permit, that is a rumor, there is a document that they will give you called ICE checkings, they are appointments with the deporter for several months, but it is not a work permit, it is not permitted to be here in the United States.
This is probation when you are on trial for a criminal charge and the judge determines that they are not going to put you in jail, but they are going to review you every month with the officer and he is going to make sure that you are working.
You must notify them if you have changed your address, so that they can monitor the person while the proceedings in court take place, when you leave a deportation center there is no leave during the immigration court proceedings.
There are 1.4 million people in immigration court, there is a huge backlog, and it’s horrible. A case can take a year, or two years, it can take up to ten years, it depends on your situation.
We have no control over the immigration court procedure, the judge’s schedule, laws, and rules always change and affect the delay, so we will never know how long it may take.
In case you have additional questions about your deportation, ways to stay, or your specific case, you can contact us at (855) 502-0555. After a short 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you won’t miss our weekly broadcasts via Facebook, YouTube & Twitch.
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