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This article discusses:

  • How to best handle getting a deportation order.
  • How to know if you are in the process of being removed or 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 administrative appeals from the Immigration Court. Unfortunately, you only have 30 days to do this once an immigration judge issues the removal order.

If you fail to file a notice of 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;
  • There is new evidence or something substantial that would likely change your result.

Generally, the best course of action is to file a notice of appeal. Doing so will stay the removal order during the pendency of the appeal. It also allows you to renew your work permits during the pendency of that appeal if you have applied for asylum or cancellation of removal.

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 situations where a considerable amount of time passes between you receiving the Notice to Appear and it being filed with the immigration court. This lag may confuse you as to whether your removal proceedings have started or what your obligations are 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. You can call 1-800-898-7180 to do this. Additionally, there is also an online portal (https://acis.eoir.justice.gov/)where you can check the status of your case.

All this requires is your alien number, 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 an extended period depending on the amount of unlawful presence accrued.

It is best to make the United States government aware of your intentions before you leave. This could ideally reduce consequences from returning.

If you fail to show up to your court date, the government will look even less favorably on you and will issue an order of removal in your absence. 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 to take the necessary actions to lessen 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.

For more information on Deportation Cases in Virginia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (703) 775-1438 today.

Brousseau & Lee, PLLC

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