What to Do If You Face Deportation: Your Rights Explained


Facing deportation, also known as removal proceedings, can be a frightening and stressful experience for any immigrant. Deportation can separate families, disrupt lives, and result in long-term legal consequences. However, understanding your rights and knowing how to respond can make a significant difference in the outcome of your case. This guide provides a detailed overview of what to do if you face deportation, emphasizing your legal rights, available defenses, and the importance of seeking help from an experienced immigration lawyer.

Understanding Deportation (Removal) Proceedings

Deportation is the formal process by which the U.S. government removes a non-citizen from the country for violating immigration laws. Common reasons for deportation include:

  1. Overstaying a Visa: Remaining in the U.S. after your visa has expired.
  2. Criminal Convictions: Certain crimes, especially aggravated felonies and crimes involving moral turpitude, can result in deportation.
  3. Unauthorized Employment: Working without proper authorization from U.S. Citizenship and Immigration Services (USCIS).
  4. Violation of Immigration Status: Failure to comply with the terms of your visa or green card.
  5. Fraud or Misrepresentation: Providing false information on immigration applications or committing immigration fraud.

Your Rights During Deportation Proceedings

If you are facing deportation, it is crucial to understand that you have certain rights under U.S. law, regardless of your immigration status.


1. Right to an Attorney

You have the right to be represented by an attorney at your own expense. While the government will not provide a lawyer for you, hiring an experienced immigration attorney can significantly improve your chances of a favorable outcome.

2. Right to Remain Silent

You are not required to answer questions from immigration officers without legal representation. Providing incorrect or incomplete information can harm your case.

3. Right to a Hearing

You have the right to a hearing before an immigration judge, where you can present your case and defenses against deportation.

4. Right to Appeal

If the immigration judge orders your removal, you have the right to appeal the decision to the Board of Immigration Appeals (BIA) and, in some cases, to federal courts.

Steps to Take If You Are Facing Deportation

1. Stay Calm and Seek Legal Help

The first and most important step is to stay calm and contact an experienced immigration attorney immediately. A lawyer can assess your case, explain your options, and represent you in court.


2. Gather Important Documents

Collect all relevant documents that may support your case, including:

  • Passport and visa.
  • Green card (if applicable).
  • Employment records.
  • Tax returns.
  • Marriage certificate and birth certificates of U.S. citizen children (if applicable).
  • Any evidence of your ties to the community, such as letters from employers, friends, or religious organizations.


3. Know Your Defenses Against Deportation

Several legal defenses and forms of relief may be available to individuals facing deportation. Common defenses include:


a. Cancellation of Removal

Cancellation of removal is a form of relief that allows certain immigrants to remain in the U.S. if they meet specific criteria.

  • For Lawful Permanent Residents (LPRs):
  • Must have been a green card holder for at least 5 years.
  • Must have continuously resided in the U.S. for at least 7 years after being admitted.
  • Must not have been convicted of an aggravated felony.
  • For Non-Permanent Residents:
  • Must have been physically present in the U.S. for at least 10 years.
  • Must have good moral character.
  • Must demonstrate that removal would result in exceptional and extremely unusual hardship to a U.S. citizen or lawful permanent resident spouse, parent, or child.


b. Adjustment of Status

If you are eligible for a green card through a family member or employer, you may be able to apply for adjustment of status during removal proceedings.


c. Asylum and Withholding of Removal

If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may apply for asylum or withholding of removal.

  • Asylum: Must be applied for within one year of arriving in the U.S., though exceptions exist for changed circumstances.
  • Withholding of Removal: Provides protection from deportation but does not grant a path to permanent residency.


d. Voluntary Departure

In some cases, you may request voluntary departure, which allows you to leave the U.S. at your own expense without receiving a formal removal order. This option may help avoid future bars to re-entry.


e. Prosecutorial Discretion

Prosecutorial discretion refers to the government’s ability to decide whether or not to pursue a deportation case. An attorney can help request that ICE exercise discretion in your favor.

Common Mistakes to Avoid

  1. Ignoring Notices from USCIS or ICE: Failing to respond to notices or attend hearings can result in an automatic removal order.
  2. Providing False Information: Giving false information to immigration officers or in court can lead to criminal charges and weaken your case.
  3. Missing Deadlines: Missing filing or appeal deadlines can severely impact your ability to remain in the U.S.
  4. Not Seeking Legal Help: Deportation cases are complex, and attempting to handle them without professional legal assistance can reduce your chances of success.

Conclusion

Facing deportation is a serious and stressful situation, but it is important to remember that you have rights and legal options. By staying informed, gathering relevant documents, and seeking assistance from an experienced immigration attorney, you can improve your chances of a successful outcome.



If you or a loved one are facing deportation in Orlando or anywhere in the U.S., contact a knowledgeable immigration lawyer who can guide you through the process and help protect your rights. With the right support and preparation, it is possible to fight deportation and remain in the United States.