Whether a member of your family, someone you know, or others in your community, the threat of deportation or removal from the United States is growing. Stricter enforcement by Immigration and Customs Enforcement (ICE) to seek out undocumented residents and expanded authority in states like Texas have caused many to be concerned about their future.
The uncertain future of DACA, Deferred Action for Childhood Arrivals, is also creating concern among many who previously felt secure but may be faced with removal to a country in which they are not familiar.
What is Deportation?
Deportation Immigration Law is the formal removal of a foreign national who may have violated immigration laws.
Individuals most at risk for removal are those who:
- arrived without legal travel authorization
- used forged documents to enter
- committed crimes, are a threat to the public, or have violated their visa
Deportation of individuals already living in the United States rose almost 25%, from 65,332 in 2016 to 81,603 in 2017. With added authority created by the 2017 passage of SB-4 legislation, the potential for more people to be challenged with deportation will increase.
Deportation Process: Expedited Removal
For foreign nationals challenged with trying to enter the United States without travel documents or with forged documents, removal does not require an immigration court hearing. The officer at the border checkpoint, airport, or shipping port may elect to reject entry and order immediate removal.
These individuals may not re-enter the United States for at least five years.
Exceptions may be considered in two different circumstances:
- Fearing a return because of a threat to personal safety may justify requesting asylum. In this case, the individual may be allowed to speak with an Asylum officer for further consideration.
- Claiming lawful status like citizenship, legal permanent residency, asylum, or refugee status may warrant consideration. In these cases, an immigration judge reviews the value of the claim.
Deportation Process: Removal
For those living in the United States who are suspected of having arrived with improper documentation, have been convicted of crimes, are found to be a threat, or violated a legally issued visa, the process for deportation involves more. Even a naturalized citizen may be subject to removal if the individual is found to have presented false information when securing their green card.
The removal process could result from an arrest for not having proper documentation. These searches often occur in workplaces.
Or, if you applied for a family or work-related green card or asylum but were rejected, you could be ordered to appear in immigration court to plead your case. Working with a Certified Immigration Lawyer will improve your chance of success.
If you do not appear before the court as scheduled, an order for removal or deportation will be issued automatically.
How to Protect Yourself
During a removal procedure, the key objective will be to show that you have legal grounds to remain in the United States.
When faced with the possibility of deportation or order for removal, consulting with a qualified immigration lawyer to discuss your situation is essential. Since courts do not provide a defense attorney, you should look for one. With a free first-time consultation, the award-winning immigration law firm, Davis & Associates of Dallas, is experienced at handling removal-related matters.
You and your immigration lawyer may consider the following options in case removal is likely:
- Apply for Adjustment of Status: You might apply for an adjustment of status to become a lawful permanent resident with a petition by a relative (I-130) who is already a citizen or green card holder.
- Asylum or Withholding of Removal: If returning to the country of the previous residency presents a danger to the individual, you may apply for asylum.
- Appealing a Removal Order: Certain removal orders may justify an appeal. The process requires submitting an appeal to the AAO (Administrative Appeals Office). Since some appeals fall under the jurisdiction of the Board of Immigration Appeals, it is important to work closely with an experienced immigration lawyer before proceeding.
- Voluntary Departure: At any time during the process, you may elect to depart the United States without being officially deported. The value of this decision is that there will not be a formal removal action on your record and you may re-enter the United States at any time. You must, however, actually leave within the allotted time or face a fine and a 10-year bar to returning.
Contact Davis & Associates in Dallas, Texas for Free Consultation
Deportation can be a devastating experience for individuals and families. To develop a greater understanding of the process and your situation, contact the professionals at Davis & Associates to schedule your free legal consultation.
Also, visit the Davis & Associates website to read the various articles about immigration and residency.
Phone for your free consultation at (214).628-9888.
About Davis & Associates:
Davis & Associates is the immigration law firm of choice in North Texas including Dallas, Fort Worth, Plano, Frisco, McKinney and surrounding areas. Their attorneys provide expert legal counsel for all aspects of immigration law, including deportation defense, writs of habeas corpus and mandamus, family-sponsored immigration, employment-sponsored immigration, investment immigration, employer compliance, temporary visas for work and college, permanent residence, naturalization, consular visa processing, waivers, and appeals. Attorney Garry L. Davis is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization.