Following a Deportation Order

Fri, Jan 15, 2016 at 3:30PM

Receiving a notice of deportation can be a frightening, confusing thing to experience. Finding out that you need to leave the United States—potentially leaving loved ones in the process—is daunting to process.

However, a deportation decision is not necessarily final. In fact, there are a number of voluntary methods you can pursue to avoid the deportation or its negative effects on your immigration case. In today’s blog, we will be looking at several possible options to consider should you find yourself in this situation.

Ask for a waiver

If you receive a notice of deportation, you can choose to ask for a USCIS waiver that will allow you to apply for a green card or visa that will legalize your presence in the United States. In this way, the waiver is a show of forgiveness of your illegal presence in the country and an acknowledgement of your will to take the proper steps toward legal immigration.

Appeal the decision

As we’ve mentioned above, a deportation decision is not always set in stone. You do have the option of appealing the decision or reopening your case if your circumstances warrant it, or if your situation at home or in your home country has changed. The Board of Immigration Appeals, BIA, exists to hear these types of cases. Are there new facts or developments in your case that could affect the deportation decision? Have the conditions in your home country changed so drastically since you left that you or your family’s life might be in danger if you returned? You might be able to apply for asylum in this case.

The key thing to remember here is that no decision is final. You do have the right and the ability to contest a decision, plead your case and—if you’re successful—stay in the United States.

Leave voluntarily

If you receive a notice of deportation, you can also choose to leave on your own terms instead of waiting for the USCIS to force your removal. This should make it easier to apply for reentry at a later time.

The most important things to keep in mind following a notice of deportation are to 1) keep a clear mind and 2) turn to the help of a dedicated immigration attorney. While finding out that you’re scheduled to be deported is frightening, it’s important to stay alert and attentive to the steps that need to be taken next. In addition, the legal help of an immigration attorney can be hugely beneficial in directing you toward what those steps are and what you can do to appeal your case, should you choose to do so.

If you need legal help following a notice of deportation, please get in touch with us today. We can help you navigate the next steps and figure out what your best course of action may be.

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