Are you an immigrant in the United States and have you received a deportation order? In this article Urbina Law tells you what a deportation order is, how to know if you have one and what you should do about it.
What is a deportation order?
An order of deportation, also known as an “order of removal,” is the judgment issued by the U.S. immigration authorities when they deem that a foreign national should be removed from the United States.
It is the U.S. Department of Homeland Security. (DHS) who considers whether an immigrant is – or is not – authorized to remain in the country. Generally, a person can be removed from the United States for having charges against him or her after having violated U.S. laws.
In other words, an order of deportation prevents an immigrant from returning to the United States for a period of time. –which may be years in some cases or permanently in others. Immigration and Customs Enforcement (ICE) is the agency responsible for enforcing the order and deporting the individual after a deportation order has gone through the appeal phase and become final.
How do I know if I have a deportation order?
There are three ways to find out if you have a deportation order in the United States:
Contacting the Immigration Court
This is probably the easiest way to find out if you have a deportation order. Generally, an immigrant can file a FOIA (Freedom of Information Act) and apply for their immigration records in the United States. FOIA is a law that upholds the right to freedom of information and allows all individuals in the United States to access their federal information.
This alternative is valid for those immigrants who have gone through immigration court. In this case you can find out if there is a deportation order against you, if you have any pending proceedings or which court will be handling the proceedings. To do so, you must follow the steps below:
- Call 1 (800) 898-7180.
- Dial number 2 to continue with the instructions in English.
- Follow the indications dictated by a recording. You will be asked to enter the alien number that was surrendered or sent to the immigration court.
If you confirm that you have a deportation order against you, it is important that you contact an attorney to obtain more information about the date of issuance or the reason it was issued. The professional will then be able to determine a strategy.
Consulting an attorney
Immigrants who have not been through immigration court and want to know if they have a deportation order against them should consult with an immigration attorney. In the absence of interaction with USCIS or an immigration court, it is difficult for an alien to know his or her status without the legal assistance of an attorney.
Urbina Law has years of experience in immigration matters. We understand that many times these procedures are confusing and stressful for an immigrant, that is why our team is ready to accompany you and provide you with the help you are looking for.
Reasons for which you may receive a deportation order
While there are several reasons why an immigrant may receive an order of deportation from the United States, the vast majority are due to violation of U.S. laws. The following are the most common ones:
- Illegally entering the United States or repeatedly disobeying the conditions for being in the country.
- Committing or having committed any crime or criminal act.
- Represent a threat to the public safety of the United States.
Can a deportation order be removed?
Yes, it can be removed depending on the case. In this regard, it should be clarified that each immigration and deportation case is unique and, as such, has its particularities.
Removing the deportation order is a process that requires legal assistance, as it is not possible to reverse the order in all cases. At Urbina Law we will help you create the life you wanted in the United States avoiding your departure from the country.
Can I appeal a deportation order?
Yes, there is a legal deadline of 30 days from the issuance of the deportation order to appeal it. This procedure is done through the Immigration Court Form EOIR-26.
Again, it is necessary to have an attorney to file an appeal. The reason is that the court needs to have valid legal arguments for the court to analyze and reverse the judgment.
The importance of having an immigration lawyer
If you receive a deportation order or a notice to appear in immigration court, do not ignore it. Remember that if you ignore the notice and fail to appear at the appointed time and place, the judge may choose to order you removed.
we recommend immediately seeking the assistance of an experienced immigration attorney to analyze your case. If you or someone close to you has received a Notice to Appear or has a deportation order, do not delay.
At Urbina Law we have years of experience helping clients with immigration matters. That is why we understand perfectly the position you are in. Book a free private consultation and we will resolve your immigration situation.