Deportation is the process of expelling an individual from a country. While most people think of deportation as something that happens to criminal aliens, such as those convicted of crimes or caught smuggling people into the country, it can happen to anyone who is not a citizen and does not have another type of visa that would allow them to stay.
Table of Contents What to Do if You Are Being Deported
If you are an immigrant and fall into one of these categories, there is a good chance you could be deported. If you are an immigrant and fall into one of these categories, there is a good chance you could be deported.
If this sounds like you, know that there are ways to protect yourself from deportation if you meet the criteria for these programs. Let’s take a look at some common scenarios in which an immigrant may get deported and what you can do about it.
Deportation During Immigration Proceedings
The first type of deportation we’ll discuss is deportation while you are in the process of trying to gain legal status in the country. This can happen if you are applying for a visa and you are denied, or if you are applying for asylum and are denied. If you are applying for a visa and you are denied, you will first receive a notice to appear in court.
In order for you to be deported, the judge must issue a final order of removal. This means that you have exhausted all of your appeals, and there is no other course of action left for you to take.
If you are applying for asylum and are denied, you will again receive a notice to appear in court. Once you receive a final order of removal, you will have 30 days to leave the country or else be deported. You can still try to appeal your case even if you have received a final order of removal.
Deportation After Being Convicted of a Crime
If you are convicted of a crime, whether it is a violent crime, a drug crime, or any other criminal offense, you can be deported. The severity of the crime will determine whether you will be deported immediately or if you will have a chance to appeal. If you are convicted of a crime that could lead to deportation, you should immediately consult with an immigration attorney.
If you are convicted of a crime and you are not a citizen, an immigration attorney can try to file a motion to reopen your case.hug This would allow you to apply to take advantage of a program that would allow you to stay in the country after serving your sentence.
Deportation After Entering the Country Illegally
If you enter the country illegally, you can be deported immediately. If you are caught at a border or airport with false documents, you will be detained and then put into deportation proceedings. You will be put into removal proceedings if you have been in the country illegally for less than a year. If you have been in the country illegally for longer than a year, you will be put into deportation proceedings. If you are caught at the border or airport with false documents, you will be put into deportation proceedings.
Deportation for overstaying your visa
If you overstay your visa and do not leave the country by its expiration date, you can be deported. If you overstay your visa for less than 180 days, you will be put into deportation proceedings. If you overstay your visa for longer than 180 days, you will be put into removal proceedings.
If you overstay your visa, you should consult with an immigration attorney immediately. Your attorney can prepare a motion to reopen your case. This allows you to file for a visa that will allow you to stay in the country.
Protecting Yourself from Deportation
If you fall into any of these categories, you can try to protect yourself from deportation. If you have received a notice to appear in court, you can file a motion to dismiss the case. This is only if the charges are not serious. Next, you can try to apply for a visa that would allow you to stay in the country.
For example, if you have a close family member with a serious illness and you would like to take care of them, you can apply for a visa that would allow you to stay in the country. If you have good moral character, you can apply for deferred action on removal. This is only if you have been in the country for 10 years and have not committed any serious crimes.
Contact Institute For Immigration Today
Immigrants who are in the United States without legal status are subject to deportation, or removal from the country. There are many ways to be deported from the United States, including being convicted of a crime or entering the country illegally. If you are an immigrant and you fall into one of these categories, you should know that there are ways to protect yourself from deportation.
You can try to file a motion to dismiss the charges against you or to reopen your case, apply for a visa that would allow you to stay in the country, or apply for deferred action on removal.