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What happens during the United States deportation process?

On Behalf of | Jun 3, 2023 | Deportation Defense

Legally entering the United States requires a lot of effort. Many immigrants must plan months ahead of time and require the support of an attorney to improve their chances of success. People must submit paperwork to the United States Citizenship and Immigration Services (USCIS) and wait for approval.

After entering the country, they must maintain certain relationships or employment arrangements, and they must avoid criminal activity and other personal choices that could result in their removal from the country. Those who have temporary status to lawfully stay in the United States sometimes make mistakes or weather experiences that could result in their deportation.

What can immigrants expect during the deportation process?

Formal notification

When there are issues with someone’s immigration status, the USCIS will typically provide notice. However, they may do so at the same time that the organization moves to take someone into custody. Often, those facing deportation will spend some time in federal custody. They may need to stay at a detention center until they have a hearing in front of a judge.

A court hearing

Transparency is crucial to the fairness of the judicial process, an immigrant facing deportation have the right to a public hearing. They also can have an attorney represent them during that hearing to improve their chances of avoiding deportation. Reframing a situation or introducing new details could help prevent someone’s deportation. In some cases, an immigration attorney’s understanding of precedent and current immigration policy could help them argue successfully for the right of their client to stay in the country.

The option of an appeal

Even if the initial hearing is unsuccessful, immigrants facing removal from the United States often have the right to an appeal. Many times, they will remain at a detention center during the appeals process as well. If the appeals process is not successful, then an individual would face physical removal from the United States, although that process can often take months to complete.

Those who understand what to expect during the deportation process can more effectively protect their interests. Seeking legal guidance to learn more about deportation and immigration programs may benefit those who are temporarily in the country and are hoping to stay.