Quality Immigration Law Services Since 1978

  1. Home
  2.  | 
  3. Immigration Law
  4.  | What’s the U.S. deportation process?

What’s the U.S. deportation process?

On Behalf of | Jul 27, 2022 | Immigration Law

When a foreigner breaks immigration laws, the U.S. Citizenship and Immigration Services (USCIS) will issue a deportation order directing their removal from the country.

A violation of immigration laws can happen in several ways, including:

  • You have been convicted of certain crimes
  • Overstaying your temporary visa
  • You are a threat to public safety
  • You entered the country illegally or fraudulently

Here is what you need to know if you are facing deportation.

Removal proceedings

Court proceedings kick off the formal deportation process. Here, a judge will hear and determine whether or not you should be deported. Once the immigration court gives the order, you will face eviction from the country at the government’s expense.

One can face deportation from the country without a hearing in some cases. For instance, if you came to the country without valid documents, you may be deported under an expedited removal order, which does not require an immigration court hearing. 

Once deported, it is nearly impossible to return to the country permanently or for a prolonged period without the government’s approval. Illegal entry after deportation can even lead to criminal charges against you.

Can you appeal a deportation order?

Facing deportation can be devastating, especially if you had your life going. Fortunately, it is possible to appeal or stay a deportation order, but you must do it within 30 days of the judge’s decision to have you deported. An appeal can be filed in absentia, even after deportation.

However, not everyone can appeal a deportation order. Appealing a removal order for deportation informed by the conviction of a crime you committed may be impossible. 

It is advisable to get experienced legal guidance on the best way of dealing with your removal since everything depends on the unique circumstances of your deportation.