If you are an immigrant in the United States, you may be concerned about your legal status and whether you have a deportation order. A deportation order is a legal order to leave the United States, issued by the U.S. government. If you have a deportation order, it is essential to take action immediately to try to stop it. Keep reading to know what a deportation order is, how to find out if you have one, and what to do if you receive one.
Deportation orders, also known as removal orders, are serious immigration determinations issued by an immigration judge. These orders direct an individual to leave the country and prohibit their return for a specific period unless they obtain legal permission. There are two types of deportation orders: final orders of removal and administrative removal orders. A final order of removal is issued after the conclusion of immigration proceedings. In contrast, administrative removal can be issued without a hearing in limited cases, such as when someone reenters the country after being previously deported.
Many immigrants are unaware that a deportation order may have been entered against them, especially if they did not receive proper notice of their hearing or if correspondence from immigration authorities was sent to an old address. In such cases, the government may proceed with a hearing “in absentia” (in your absence) and issue a deportation order even though you were not present to defend yourself.
If you suspect this may have happened, taking the time to verify your status can help you avoid unexpected detention or deportation later.
The deportation process in the United States begins when an immigrant is placed in removal proceedings. This can happen if the individual enters the country illegally, overstays their visa, or violates immigration laws in some other way. The government may initiate removal proceedings by issuing a Notice to Appear (NTA), which specifies the reasons why the individual is being placed in removal proceedings.
During removal proceedings, the individual has the opportunity to present a defense against deportation and request relief from removal. If the immigration judge rules against the individual and orders them deported, a deportation order is issued. The order of deportation specifies the individual’s country of origin and the time and place for their departure from the United States.
Finding out whether you have a deportation order can seem intimidating, but several resources make it possible.
The Executive Office for Immigration Review (EOIR) offers an automated case information hotline at 1-800-898-7180. By entering your A-number (Alien Registration Number), you can learn about your case status, hearing dates, and any existing removal orders. Your A-number appears on documents such as your Notice to Appear, Employment Authorization Card, or correspondence from immigration authorities.
You can also check your case online through the EOIR Automated Case Information Portal. If your case involves U.S. Citizenship and Immigration Services (USCIS), you can log in to your USCIS online account to review pending applications or decisions.
Suppose you were ever detained by U.S. Immigration and Customs Enforcement (ICE). In that case, the ICE Online Detainee Locator System may also provide information about past or current detention related to deportation proceedings.
Because immigration records can be complex or contain errors, it is best to have an immigration attorney review your information to ensure accuracy and determine the next steps.
Deportation orders can arise for various reasons. Some of the most common include:
In some cases, the deportation process begins years after the original issue, such as when an immigrant applies for an immigration benefit and the government uncovers an outstanding removal order. Knowing why a deportation order was issued helps determine what legal remedies may be available.
If you want to find out if you have a deportation order, there are a few ways to do so. You can contact the United States Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR). USCIS can provide information on the status of your case and whether a deportation order has been issued. EOIR can provide information on your case and the specific order of deportation.
If you confirm that a deportation order exists, immediate action is essential. The first step is to gather all documents related to your immigration history, such as your Notice to Appear, court decisions, and any applications you filed with USCIS. These records will help your attorney assess whether procedural errors occurred or whether you qualify for relief.
You may have the right to file a Motion to Reopen or a Motion to Reconsider your case. A motion to reopen typically applies when new evidence arises or if you did not receive proper notice of your hearing. A motion to reconsider argues that the immigration judge made a legal or factual error. Both motions must generally be filed within strict deadlines, often within 30 days of the decision. However, certain exceptions may apply, particularly if due process was violated.
In some situations, your attorney may also help you pursue prosecutorial discretion, a process where immigration authorities agree to pause or close your deportation case because of positive factors, such as family ties, community involvement, or humanitarian reasons.
If you do have a deportation order, it is vital to take action immediately to try to stop it. You may be able to file an appeal or request a stay of deportation. It is essential to work with an experienced immigration attorney who can help you navigate the complex legal process and present the best possible case to try to stop the deportation order.
If you are unable to stop the deportation order, you may have to leave the country. It is essential to prepare for your departure and ensure that you leave legally to avoid further legal complications. If you do leave the country, you may be subject to a final order of deportation, which bars you from returning to the United States for a specific period of time.
Even if you have a deportation order, there may still be legal remedies available. Depending on your situation, you might qualify for:
Each case is unique, and a qualified immigration attorney can determine which form of relief best fits your circumstances.
If you have a deportation order, you may not be eligible for certain benefits, such as an adjustment of status or a work permit. However, there may still be options available to you. For example, you may be eligible for a waiver of inadmissibility, which would allow you to return to the United States sooner than the period specified in the final order of deportation.
In some cases, a deportation order and adjustment of status may be related. If you are seeking to adjust your status to become a lawful permanent resident, a deportation order can make this process more difficult. However, there may still be options available to you, and an experienced immigration attorney can help you explore those options.
Deportation cases involve multiple agencies, strict deadlines, and complex rules that can easily lead to costly mistakes. An experienced immigration attorney can assess your record, determine whether the deportation order was issued correctly, and identify the most effective legal strategy to protect your rights. At Dominguez Law Firm, we represent clients in Florida and across the United States in cases involving deportation, asylum, and appeals, working closely with each client to find the most practical and effective solutions.
If you or someone you know has received an order of deportation, it is crucial to act quickly and seek the help of an experienced immigration attorney. At Dominguez Law Firm, we understand the challenges of facing deportation and are committed to providing you with the guidance and representation you need. Contact us today to schedule a consultation and learn about your options for fighting deportation.