Facing deportation is the worst-case scenario for many foreigners in the United States. If you have been arrested for a crime or have received a notice to appear in federal immigration court, you are likely worried about your future and probably have many questions. Below are the most frequently asked questions about the deportation process, and their answers.
The federal government could cite a variety of grounds for deporting someone. You may face deportation if you committed a crime, violated the terms of your visa, or have been deemed a threat to public safety. Anyone who is in the United States without the appropriate documents, or with forged documents, may also face deportation.
The deportation process can begin at the time of an arrest, or if you receive a notice. If the U.S. government has determined they have cause to remove you from the country, they will send you a notice to appear in federal immigration court. The notice will also contain information about why you are at risk of being deported.
Even if you have been placed into removal proceedings, you may still be able to remain in the country. You may be able to adjust your immigration status and obtain a green card to become a legal resident within the country. A family member can petition for you to stay in the country. If you are fearful of returning to your own country due to the threat of persecution, you can also apply for asylum status.
Voluntary deportation may not be the desired end result you want, but it does have some benefits over being ordered out of the country by an immigration judge. If you leave the country voluntarily, you will not have a deportation on your immigration record. This can help if you want to enter the country in the future.
If the government is trying to deport you, it is important that you appear at each hearing. If you do not, an Order of Removal may be issued against you and you will not have a defense. The first hearing you attend is to explain the deportation process. The second hearing, the evidentiary hearing, is also scheduled at the first hearing. At the evidentiary hearing, you can present your deportation defense and the judge will also hear arguments for the deportation.
Losing your deportation case may seem hopeless, but it is not. You can file an appeal with the Board of Immigration Appeals and if that is unsuccessful, file an appeal with the U.S. Court of Appeals.
You are not required to work with a Chicago immigration lawyer if you are facing deportation, but it is important that you do. At Kriezelman, Burton & Associates, our knowledgeable attorneys can help you prepare for the process and build a strong case to give you the best chance of staying in the country. Call us today or contact us online to schedule a meeting with one of our skilled attorneys and to learn more about how we can help.
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