This article discusses:
- How to best handle receiving a deportation order.
- How to know if you are going to be deported.
- Whether it is good to voluntarily leave the country when facing deportation.
What Do I Do If I Receive A Removal Or Deportation Order?
How to handle a deportation order depends on what your ultimate goal is.
If you want to appeal a deportation order, you can appeal to the Board of Immigration Appeals. This is the component of the Executive Office for Immigration Review that handles all of the administrative appeals from the immigration courts. Unfortunately, you only have 30 days to do this once an immigration judge issues the removal order.
If you fail to file your appeal within the allotted period, the removal order becomes final. There is one exception to this, however. You can file a motion to reopen the case with the immigration court. You have 90 days to do this if:
- You appeared in court and failed to establish eligibility for relief, and your application was denied; and
- There is new evidence or something substantial that would likely change the result.
Generally, the best course of action is to file an appeal. Doing so will stay the removal order during the pendency of the appeal. It also allows you to renew your work permit during the pendency of the appeal if the relief sought was asylum, cancellation of removal, or adjustment of status.
How Do You Know If You Are In The Process Of Being Removed Or Deported?
A Department of Homeland Security official will have issued a Notice to Appear to you. This is a Form I-862. Once filed with the immigration court, this document is what commences removal proceedings.
There are times when a considerable amount of time passes between receiving a Notice to Appear and it being filed with the immigration court. This lag may confuse you as to whether your removal proceedings have begun or your obligations to that point, but know that this is a possible explanation.
If possible, we highly recommend you retain an attorney. If you are unable, we recommend checking the status of your case with the court. There is a 1-800 number you can call to do this (1-800-898-7180). There is also an online portal where you can do this as well (https://acis.eoir.justice.gov/en/).
All this requires is your alien number, which is written on your Notice to Appear. It will inform you whether your case has been docketed and when your next hearing is. You can also see if you have a pending appeal and whether a briefing schedule has been issued.
Should I Voluntarily Leave The United States If I Am In The Removal Or Deportation Process?
We generally advise you not to voluntarily leave the United States if you are in the deportation process. This is especially the case if you hope to stay long-term, even if after leaving to then return and stay.
Voluntarily leaving puts you in a position where you will likely be barred from returning to the United States for five to ten years.
It is best to make the United States government aware of your intentions before you leave. This will ideally reduce, if not eliminate, the adverse consequences impeding you from lawfully returning.
If you fail to show up to your court date, the government will look even less favorably on you than if you appear and receive an order of removal in person. Leaving voluntarily is a step in this direction. It is better not to leave and be present for your hearing, even if you initially entered the country illegally. It just adds more fuel to the fire.
Having a lawyer at your side taking the necessary actions to minimize the adverse consequences of your deportation case is critical.
With the guidance of a skilled attorney for Deportation Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.