Deportation—a word so terrifying it might endanger the future of entire families after reading a single piece of U.S. notice letter. Certainly, it’s not the worst that could happen in life, but definitely among the top 5 on the list.
Especially for those who haven’t obtained full legal citizenship, where the instances of getting deported are more sensitive and slippery. In such cases, hiring a deportation defense lawyer is, without a doubt, the first thing to do.
But at the same time, staying informed about your situation and the potential outcome and reading and learning as much as you can will help you stay above the situation, and might even help your lawyer gather pieces of evidence to truthfully represent your case and tell your story the way it needs to be told.
Who’s at Risk of Deportation?
Not all immigrants face the same risk of deportation. Immigration status plays a big role in determining who is most vulnerable.
- Undocumented Immigrants: This is the category that never even got a visa in the first place and somehow managed to sneak through the borders— and the category that is at the highest risk of deportation. They have zero protection and if caught by immigration authorities, can be removed even without a court hearing.
- Temporary Immigrants with Visa: There are different types of visas, like study, work, or tourist, and each category is different. But if the visa’s limit passes, that’s considered overstaying, further working without authorization, which is another common reason for getting immediately deported.
- Permanent Residents with a Green Card: A Green Card holder enjoys more rights than a visa holder. But even this category might get deported due to serious crimes, failing to update residency status (because they’re not permanent residents still), or being absent from U.S. grounds longer than a year without even once entering.
- Refugees and Asylum Seekers: During the process, these vulnerable categories might not face deportation. But once their application is denied or they commit serious crimes during the waiting period, they might get deported (some categories can qualify for appeal).
- TPS / DACA Holders: People with Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) have temporary permission to stay within the States, but they are not residents, nor is this status permanent. Changes within the programs or renewals mean they could also face deportation.
- A Prior Deportation Order: Regardless of the status, if a person has already been served a deportation order and hasn’t left the States, is at serious risk. These people might be removed quickly without a prior chance of trial due to their negligence to act upon the order.
In short, the more secure a person’s legal status, the more protection they have. However, even permanent residents can face deportation under certain circumstances, making legal guidance crucial when facing immigration issues. In addition, let’s check some of the most common reasons people might get deported from the U.S.A.
- Criminal Convictions: Serious crimes like drug offenses, fraud, or violent crimes can lead to deportation, but even minor offenses—like a DUI—can cause problems. Immigration law treats certain crimes more severely, and some people don’t realize their record could put them at risk.
- Visa/Green Card Violations: Breaking the terms of a visa or green card—like working on a tourist visa, failing to renew documents, or giving false information—can trigger deportation. Even small mistakes on paperwork can have serious consequences.
- Overstaying a Visa: This is a school example of deportation. When people overstay their Visa, they lose legal status. This can make getting legal status in the future a big challenge.
- Unlawful Entry or Presence: Entering the country without permission or living in the U.S. without legal status puts a person at risk of deportation at any time. This applies even if they’ve lived here for a long time without problems.
- Denied Asylum or Immigration Relief: Someone who asks for asylum or other legal protection might face removal if their request is turned down. This happens unless they have another way to change their status.
- Ignoring a Deportation Order: When an immigration judge tells someone to leave the U.S. and they don’t, they become a top target for removal. Not following the order can also hurt their chances to come back later.
- Public Charge Issues: The government can sometimes deny legal status if they think a person relies too much on public benefits. This rule often changes, but it has led to removal in some cases.
- Fraud or National Security Concerns: Using fake papers, not telling the truth on immigration forms, or being seen as a threat to national security can lead to deportation. Even small mistakes on paperwork might count as fraud, so getting legal advice is key.
How to Fight Deportation in Immigration Court
Facing deportation can be overwhelming, but it’s important to remember that you have rights and options. Many people successfully fight removal every year. The key is understanding the process and acting quickly.
From Notice to Courtroom
It all starts with a Notice to Appear (NTA)—a document that formally places you in removal proceedings. This notice lists the charges against you and includes your court date. Whatever you do, don’t ignore it—missing your hearing could lead to an automatic deportation order.
Your first appearance is called a Master Calendar Hearing, which is more of a procedural step than a full trial. Here, you confirm your identity, acknowledge the charges, and let the judge know if you have an attorney. If you don’t have one yet, ask for more time—having a lawyer can drastically improve your chances of success.
The real battle happens in the Individual Hearing, where you present your case, provide evidence, and argue why you should be allowed to stay. The judge will then make a decision.
Ways to Fight Deportation
The best way to fight removal depends on your specific situation. Some common defenses include:
- Challenging the Government’s Case: If your NTA contains errors or lacks evidence, your lawyer may be able to get your case dismissed.
- Asylum & Protection: If returning to your home country puts you at risk of persecution due to race, religion, or political views, you might qualify for asylum or withholding of removal.
- Cancellation of Removal: If you’ve lived in the U.S. for a long time and your deportation would cause extreme hardship to a U.S. citizen or legal resident family member, you may qualify for relief.
- Adjustment of Status: If you’re eligible for a green card through marriage, employment, or a family petition, you might be able to change your status instead of being deported.
- U-Visas for Crime Victims: If you’ve been the victim of a serious crime and helped law enforcement, you could qualify for a U-Visa, which can lead to legal residency.
- Prosecutorial Discretion: In some cases, the government may choose not to pursue deportation if you have strong humanitarian reasons or no criminal record.
What If You Lose?
Losing in immigration court doesn’t mean the fight is over. You can appeal to the Board of Immigration Appeals (BIA) within 30 days. If that fails, some cases can be taken to federal court. Acting quickly is crucial to keeping your options open.
The bottom line is—fighting deportation is difficult, but it’s not impossible (a notable facts is that 40% of immigrants in CPP won their cases in 2022)! The sooner you take action and get legal help, the better your chances of staying in the U.S. If you’re facing removal, don’t wait—seek professional guidance immediately.
