The United States deportation process can be overwhelming and upsetting to deal with. If you or someone you know is facing deportation work with a Montgomery County deportation defense lawyer for representation.
What is Deportation?
Deportation, or removal, is the legal process that allows a non-citizen to be taken out of the United States and sent back to their home country. This action is typically taken by the U.S. government when the individual is found to be in violation of immigration law or has committed criminal offenses that make them no longer eligible to remain in the country.
Many people think of deportation as only an issue for undocumented or illegal immigrants. However, even green card or other visa holders can face deportation depending on the unique details of their circumstances.
Why Would a Person Be Deported?
There are several grounds on which a person can legally be deported. ICE (Immigration and Customs Enforcement) would flag a person for any of the following reasons.
- Violation of immigration law or status, such as overstaying their visa, working without authorization, etc.
- Being convicted of certain criminal acts like drug offenses, violent crimes, and crimes involving moral turpitude
- Committing fraud or misrepresenting themselves during the immigration process
- Being considered a threat to national security or being involved in terrorist activities
- Being deemed a threat to public health
Any of the above can be valid reasons for ICE to initiate the deportation process.
What Does the Deportation Process Look Like?
There are several steps in the deportation process and from start to finish it can take several months or even several years to resolve one case. Below is a general overview of the deportation process.
- The Department of Homeland Security issues a Notice to Appear outlining the charges against the individual and initiating the removal proceedings. The notice will be filed with the immigration court and a hearing will be scheduled.
- The individual will attend the initial hearing where preliminary issues will be discussed and the judge will potentially set a bond. The individual will have the opportunity to challenge the case.
- During individual hearings, representatives from ICE will make their case against the individual, presenting evidence and calling witnesses to prove that the individual should be removed from the country. The individual will have the same opportunity to present their side and employ defensive strategies with the help of an attorney if they choose to hire one.
- The judge will issue their decision after hearing each side and evaluating the facts presented.
- Both the individual and ICE can challenge the verdict if they do not agree with the results and the decision will go to the Board of Immigration Appeals.
- The final order will be issued. If the board rules in favor of the individual they can remain in the country. If not, ICE will detain them and organize transportation out of the U.S.
Contact an Immigration Lawyer Today
The process can be long and drawn out. It is highly recommended that individuals facing deportation seek legal representation. An immigration attorney can provide guidance throughout the process and help navigate the complexities of the legal system. Having representation is important so speak with a lawyer today for more information.
