How to Navigate the Deportation Process
Deportation hearings can feel ruthless and overwhelming. If you or a loved one are facing deportation, the best way to help your chances is hiring an experienced attorney to help you navigate the complex and emotional process.
What Is Deportation?
In the legal world, deportation means “removal” of a foreign person from the country they currently are in. If you’re an immigrant to the United States and U.S. Immigration and Customs Enforcement (ICE) feels you are here illegally, a judge may order you deported.
What Happens Before Deportation?
If the Department of Homeland Security wants to remove or deport an immigrant from the United States, the first step they take is placing you in removal proceedings. This is the government’s first step to remove you.
First, you’ll be given a Notice to Appear in immigration court, which is where you’ll have a chance to defend yourself. The judge will decide if you can remain in the United States.
Being placed in deportation hearings differs from being “ordered deported,” which means an immigration judge or an immigration officer has determined that you can not remain in the United States and must leave.
What Happens During Deportation Removal Proceedings?
When you appear at your deportation removal proceeding or “master calendar hearing.”
During this hearing, your lawyer, the immigration judge, and the attorney representing the government will debate if the charges in your Notice to Appear are accurate and if you can apply for relief, or need to be removed.
If you don’t meet the criteria for relief, the judge might order you to be deported at this hearing. You might be scheduled for more than one master calendar hearing, depending on your case, if you’re eligible for relief. The judge will set a deadline for your relief application and schedule an “individual hearing.”
What Happens During An Individual Deportation Hearing?
At your individual deportation hearing, the judge will hear your testimony and determine if your relief application is approved or you will be ordered deported.
If the judge denies your application, you can appeal the judge’s decision or accept the deportation.
What Should I Do If I Am At Risk Of Being Deported?
If you or a loved one are facing deportation, reach out to Fay, Grafton & Nunez’s team of immigration attorneys right away.
We will set up a consultation, which costs $200, to discuss your case and provide you with a realistic assessment of your chances to avoid deportation, and explain how we can advocate for you during every phase of the deportation process.