Through deportation law, immigrants are removed from the U.S. and returned to their original country following a series of legal procedures. Most deportations occur because an individual is living in the country without valid documentation. Being charged with criminal activity, especially those related to drugs or violence, can also put an immigrant at risk of deportation—even if they are staying on a valid green card or visa. If you or a loved one is concerned about this matter, here are the answers to common questions about deportation and the civil rights that address it. 

A Guide to Deportation Law Procedures

How do I know I’m being considered for deportation?

U.S. Immigration and Customs Enforcement (ICE) will provide you with a Notice to Appear (NTA)—a legal summons to appear in court for a hearing to review the case for your removal. In addition to providing a hearing date, this notice will list the specific reasons for deportation and your rights, such as the right to be represented by an immigration lawyer. 

What is voluntary removal?

If you have received an NTA and have no valid claim for appealing the order, you can opt for voluntary removal—the act of willingly returning to your home country at your own expense. Compared to being removed via legal deportation, voluntary removal will reflect more positively on your immigration record and make it easier for you to reenter the U.S. at a later date. 

How is deportation appealed?

If a judge has issued a removal order, work with your immigration attorney to file an Application for a Stay of Deportation or Removal (Form I-264) with the Board of Immigration Appeals (BIA) as soon as possible. This application will describe why you are pursuing an appeal, such as:

• Maintaining a physical presence in the U.S. for more than 10 years.
• Being lawfully married to a U.S. citizen.
• Facing substantial hardship due to removal.

If granted, a judge will postpone the deportation and reopen your case to reconsider the removal order. 

What happens if a removal order is ignored?

If an NTA or removal order is ignored, ICE will consider you a fugitive and take steps to locate and arrest you. After arrest, you will be held in a detention center, and arrangements will be made for you to travel back to your home nation. In these cases, you cannot file a Stay of Deportation. 

If you or a loved one has concerns about deportation laws, consult with the compassionate attorneys of the Immigration Law Center in Atlanta, GA. Conveniently located near the Atlanta Immigration Office, these immigration attorneys will review your case in-depth to determine legal pathways to prevent deportation and appeal removal orders. They are also equipped to help individuals pursue visas and work authorizations to maintain legal residence in the U.S. Visit this law firm online to learn more about their services or call (770) 491-1411 to schedule a consultation.