Deportation is a complicated process. Knowing the main points can help you handle this tough situation. Here are five important things you should know about deportation.
Grounds for deportation
Various actions can make a noncitizen subject to deportation. The USCIS outlines several classes of deportable aliens. These include:
- Criminal convictions: committing certain crimes, especially aggravated felonies.
- Immigration violations: violating visa conditions or entering the U.S. illegally.
- Fraud: engaging in marriage fraud or falsifying documents.
- National security threats: participating in activities threatening public safety or national security.
Understanding these grounds can help you assess your situation. It can also help you seek appropriate legal advice.
Rights during deportation
Noncitizens have certain rights before the government removes them. These rights include challenging the removal on constitutional or procedural grounds. This challenge often involves court hearings.
Noncitizens can also apply for cancellation of removal or other waivers. Being aware of your rights can influence the outcome of your case.
The deportation process
The deportation process involves several stages and can be complex. Here is a brief overview:
- Notice to appear (NTA): the process begins when ICE issues an NTA.
- Initial hearing: you will attend a hearing. The Executive Office for Immigration Review will supervise it.
- Individual hearing: if you apply for relief, the court will schedule an individual hearing.
Each stage involves specific procedures and timelines. It is crucial to stay informed and prepared.
If the court orders the deportation of a noncitizen, they have 30 days to appeal. Whether they can appeal depends on several factors. This includes past criminal convictions and the details of the case.
Deportation can be legally challenging. Seeking help from an experienced immigration attorney can be helpful. They can help you with the legal process, explain your rights, and find options for relief.