Deportation in the United States: Causes and Process

If you live in the United States, whether as an immigrant with or without legal status, it’s important to know the reasons you could be deported. You should also understand the process involved. In this article, you’ll find everything you need to know about the causes that may lead to deportation and the steps in this process. If you’re wondering whether a deportation order can be removed, this information is for you.

What Are the Causes of Deportation in the United States?

The reasons for deportation are broad, ranging from illegal presence in the country to more serious offenses such as fraud, violence, or other crimes. Some of the main causes of deportation include:

• Being in the country without legal status: If your visa has expired or you entered the country without permission, you are at risk of deportation.
• Committing serious crimes: Crimes like theft, domestic violence, or drug trafficking are common causes of deportation.
• Falsifying documents: Providing false information or using fraudulent documents to enter or remain in the country can result in removal.
• Misusing public benefits: Using public benefits for which you are not eligible can also lead to deportation.

Understanding these causes is key to avoiding situations that could jeopardize your stay in the country.

The Deportation Process in the United States

A common question is, “If I have a deportation order, will they come looking for me?” The deportation process begins when Immigration believes you have violated a law that justifies removal. However, there are several important steps in this process:

1. Detention and Notice: Immigration and Customs Enforcement (ICE) can detain an individual they believe should be deported. You will then receive a notice to appear before an immigration judge.
2. Hearing Before a Judge: Deportation can only be ordered by an immigration judge. At this stage, you’ll have the opportunity to present your arguments or defenses in court.
3. Appeals: If the judge decides you should be deported, you can still appeal to the Board of Immigration Appeals. During this time, the deportation process is paused until a decision is made.

It’s important to understand that while ICE can issue expedited removal orders, these are not the same as a formal deportation order. Only a judge can make the final decision.

Can a Deportation Be Stopped?

Yes, in certain cases, you can stop or avoid deportation if you qualify for a form of immigration relief. Some common options include:

• Adjustment of Status: If you can change your immigration status to legal, you may stop the deportation process.
• Asylum Application: If you fear for your life in your home country, you may apply for asylum in the United States.
• Immigration Waivers: In some cases, a judge can grant a waiver to stop deportation, but this is not possible for serious crimes.

However, aggravated felonies like murder, violence, or drug trafficking disqualify individuals from obtaining waivers or suspensions.

Consequences of Deportation

Being deported has serious consequences that can vary depending on the severity of the violation. The most common include:

• Reentry Ban: If deported, you may be barred from reentering the U.S. for 2 to 10 years. For serious offenses, the ban may be permanent.
• Economic and Family Impact: Deportation can disrupt your family and career, leading to long-term hardships.
• Immigration Waivers: In some cases, you can apply for a waiver (known as a “waiver of inadmissibility”) to return before the ban period ends. However, this process is not guaranteed and requires a complex legal approach.

It’s essential to understand that waivers are not available for all cases, and their approval depends on individual circumstances.

What Is Voluntary Departure?

Unlike deportation, voluntary departure allows you to leave the country on your own terms. This helps you avoid the reentry bans associated with deportation. To qualify, you must meet specific requirements and request it before your immigration court hearing concludes.

Choosing voluntary departure prevents a deportation record from appearing on your immigration history, making it easier to return to the U.S. in the future.

Important Points to Remember

• Always seek the support of an immigration attorney if you face deportation.
• The deportation process can take time, so it’s crucial to know your rights and options.
• Deportation can have devastating effects on you and your family, but in some cases, there are ways to stop the process.

When Can You Return to the United States After Deportation?

If you’re wondering how many years it takes for a deportation to “clear,” it’s important to know that every case is different. While reentry bans are common, there are options for returning to the United States after deportation if you meet certain legal requirements. These include:

• Permission to Reapply: If you can demonstrate that your deportation would cause extreme hardship to an immediate family member (who is a U.S. citizen or permanent resident), you may apply for a waiver. This process is complex and requires legal guidance.
• Visa Application: In some cases, after serving the reentry ban, you may apply for a visa to reenter legally. The type of visa depends on your circumstances and the reason for deportation.
• Family Reunification Programs: If you have close family members with legal status in the U.S., you may qualify for faster reentry under specific conditions.

After deportation, the consequences don’t end upon leaving the country. Most deportees face reentry bans ranging from 2 to 10 years or permanent bans. Attempting to return without authorization can lead to harsher penalties, including criminal charges.

Additionally, deportation impacts families and employment, separating individuals from loved ones and severing professional ties in the U.S. Understanding the legal outcomes is crucial before attempting any reentry.

Now that you know the causes and process of deportation in the United States, it’s essential to take action if you’re in this situation. Consulting with an attorney is critical to understanding your options and fighting for your right to remain in the country. Remember, every case is unique, and having a strong legal team to defend your rights is the most important step.