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Deportation, also referred to as “removal,” occurs when U.S. Immigration officials send someone out of the country for various reasons. Common deportation reasons include:
- Undocumented immigration status
- Non-citizens convicted of serious crimes
- Individuals who have been denied visas or residency after appeals
- People who violate or overstay the terms of their visa
Generally, any immigrant who is not a U.S. citizen can face deportation if he or she violates certain U.S. immigration laws.
In some cases, it may be best to leave the U.S. voluntarily to avoid a deportation order on your record. In others, it’s better to fight removal. A good immigration lawyer can help you to decide and strategize.
Those in danger of removal have many rights, including the right to an attorney. If you’re facing deportation in Phoenix, it’s in your best interest to consult with an immigration lawyer as soon as possible.
Understanding the Deportation Process
The United States Citizenship and Immigration Services (USCIS) oversees most immigration matters. However, when it comes to removal from the U.S., the Department of Justice (DOJ), Immigration and Customs Enforcement (ICE) and the Department of Homeland Security and any more government agencies are involved in the process. Under standard removal procedures, you can expect the following process:
- You could be held in a detention facility before the trial and/or deportation hearing. Most people have a bond hearing. The hearing takes place approximately within 2-weeks.
- The Immigration Court of the DOJ hears your case. If you fail to attend any of the hearings, you will face automatic removal procedures.
- If the judge rules in favor of removal, the country the deportee is sent to must officially accept them, before ICE carries out the order.
- Most deportations occur by air. However, some removals involve a combination of transportation methods.
Individuals who travel to the U.S. with fictitious documents or without the appropriate documents face expedited removal. That means that they could be removed from the U.S. without going to immigration court at all.
It’s important to note that you have 30 days to appeal removal orders. If the appeal does not go in your favor, there are still a few options available for most. Contact a proven deportation lawyer in Phoenix to learn more.
How Long is the Deportation Process?
The time it takes from being arrested to receiving a final deportation order can take a few weeks. If a final notice of removal is issued (with no appeals), it can take anywhere from a couple of weeks to much longer to get deported.
Generally, if ICE has already received approval from the destination country, then the deportation can move along quickly. However, if they cannot obtain the approval to deport the person within 90 days, they will issue a post-order custody review (POCR).
In some cases, ICE may release immigrants while searching for other removal options and trying to obtain approval. A Phoenix immigration lawyer can help you prepare POCR documents and file a habeas corpus petition if you’re indefinitely or excessively detained by ICE.
How Can I Avoid Deportation?
The key to a favorable outcome in any removal procedure is to prove that you have legal grounds to remain in the U.S. Under the right circumstances, an immigration judge can waive deportation. A few common ways to avoid deportation in Phoenix include the following:
- Apply for an adjustment of status
- Cancellation of removal or 212(C) waivers
- Seek asylum
- Seek cancellation of removal
- Apply for a U-visa
- Ask to leave the U.S. voluntarily
It’s important to note that successfully using one of the strategies listed above typically requires the assistance of an experienced and skilled immigration lawyer in Phoenix.
Can a Lawyer Stop Deportation?
Ultimately, the deportation is based on immigration law and eligibility requirements. While a lawyer doesn’t have the final say, they can drastically increase the likelihood of favorable deportation defense in Phoenix.
In addition to the removal defense options listed in the previous section, there are various options at an immigration lawyer’s disposal to help you fight deportation orders. While no lawyer can guarantee they can stop deportation, it’s typically in your best interest to have someone experienced with complex immigration issues on your side.