Support of Your Immigration Attorney During the Deportation Process

As someone who has gone through a considerable amount in order to become a resident of this country, deportation is one of the most frightening things that you can encounter. Legally speaking, deportation is the process of formally removing a person who is not a legal citizen of the United States and returning him to his country of origin. Deportation can occur for a variety of reasons, but they are essentially categorized into two groups: either the noncitizen has entered the country and is living here illegally or the noncitizen has been charged with, and generally convicted of, criminal behavior. Regardless of the reason that you have been entered into the deportation process, it can be extremely frightening. Your immigration lawyer can help you through the deportation process and perhaps help to delay the proceedings in order to protect your residency. If you are facing removal from the United States, don’t hesitate to contact an immigration lawyer as soon as possible so that he can explain the process to you and help you to get through it in the most effective way, perhaps even being able to stay in the country.

The deportation process is essentially the same for every person who encounters it:

Notice to Appear

The first step of the process involves USCIS, the US Citizenship and immigration Services, sending out a document referred to as a Notice to Appear. A copy of this document will also be sent to the federal immigration court and will give formal notification that you are in danger of being deported and an explanation as to why the process has begun. This document will also contain the date for your deportation hearing. Generally, this date will be at least 10 days after receipt of the notice, giving you plenty of time to consult with an immigration attorney.


Initial Hearing

The first hearing in your deportation process is referred to as a master calendar hearing essentially this is a procedural meeting in which the entire process will be thoroughly explained to you so that you fully understand your rights during the process. At this time a schedule will also be made for further hearings, including the evidentiary hearing at which you and your immigration lawyer are able to challenge the order for your deportation.


Evidentiary Hearing

Sometimes also referred to as an individual calendar hearing or a merits hearing, the evidentiary hearing is the time at which the evidence against you is presented to the federal immigration judge. This is also your opportunity to present your own evidence, give testimony and even present witnesses that will refute the evidence against you and may help to protect your residency in this country. It is at this hearing that it will be determined if you are going to be deported, so it is critical that you have proper representation from a deportation attorney that will help you prepare and present yourself effectively. You have the option of either refuting the charges that have been brought against you in order to fight the deportation order, or simply asking that the court waive the deportation and give you the opportunity to resolve the issues that have threatened your presence in the country.



If the evidentiary hearing results in the decision that you will be deported, you still have the opportunity to file an appeal. Your deportation does not occur immediately, rather you have a full 30 days during which you are able to file your appeal with the Bureau of Immigration Appeals. If this appeal also proves unsuccessful, your immigration attorney may suggest that you bring the decision all the way up to the US Court of Appeals.

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