How Soon Does Deportation Happen After an Immigration Arrest?

Being arrested by immigration officers is certainly very scary. They may be talking about deporting you and in some cases, that may even happen. However, there is a period of time between the arrest and when an immigrant is actually deported. The length of time it will take before you are sent back to your home country will depend on a number of factors outlined below. 

If You Have Been Deported Before

If you have been deported from the country before, immigration officials do not have to wait for any proceedings to take place to deport you again. They can use the prior order of removal and deport you right away. 

How Long You Have Been in the Country

If you have only entered the United States recently, you may be subject to an expedited removal. This also means that deportation can happen quickly, without a hearing before an immigration judge. 

However, if you have been in the country for ten years or longer, you may be eligible for Temporary Protected Status, or even a cancellation of removal, which makes you eligible for a green card. To be eligible for a green card, you must be of good moral character and show that your deportation would cause extreme hardship to relatives that are lawfully in the country. 

If You are a High Priority for Deportation

The United States government does not view all deportees the same way. Some are higher priority than others, which means the government wants to deport them quickly. If you are a low priority for deportation, you may be granted prosecutorial discretion or an administrative closure of your case. This is an option you can look into if you have been in the country for more than three years.

If You Fear Persecution in Your Home Country

If you fear persecution in your home country, you can avoid an expedited removal and present a case for asylum before an immigration judge. This will allow you to remain in the United States. You must apply for asylum within one year of entering the country. 

Whether You are Placed into Removal Proceedings in Immigration Court

If you are placed into removal proceedings, it means you will have to appear before an immigration judge and present arguments as to why you should be allowed to remain in the country. The amount of time this takes depends on several factors, including the complexities of your case and the court’s schedule. This process could take just a few weeks, or it could take years. 

Are You in Fear of Deportation? Call Our Illinois Immigration Attorneys

Most immigrants, whether they are undocumented or lawful permanent residents, live in fear of deportation. If you or a loved one has been picked up or questioned by immigration officials and think you might be deported, you must call our Chicago immigration lawyers today. At Kriezelman Burton & Associates, LLC, we know the defenses to deportation and we will use them to build a solid case to give you the best chance of remaining in the country. Call us today or contact us online to schedule a meeting with one of our attorneys.