Receiving a deportation order can be a frightening and overwhelming experience. It could feel like your future has been upended in an instant. But it’s important to understand that a deportation order does not necessarily mean you have no options left. With quick action and the right legal support, it may be possible to challenge the order or seek relief.
A deportation order typically follows a decision by an immigration judge in removal proceedings. This order may be issued because of an overstayed visa, a denied asylum claim, a criminal conviction or other immigration violations. Once issued, the order requires that you leave the United States by a certain date or risk being forcibly removed. In some cases, individuals are detained while arrangements for removal are made.
Taking action
The first step in responding to a deportation order is to determine exactly what type of order has been issued. Some individuals receive an “in absentia” removal order, meaning the judge decided without the person being present, often because they missed a hearing. In such cases, it may be possible to reopen the case if you can show that you never received proper notice or had a valid reason for missing court.
If you were present at the hearing and received an order of removal, you may still have options. One of the most time-sensitive is filing an appeal with the Board of Immigration Appeals (BIA). This must typically be done within 30 days of the decision. An experienced legal team can help prepare your appeal and argue that the original ruling was incorrect or unjust.
Depending on your circumstances, you may also qualify for forms of relief such as asylum, withholding of removal, protection under the Convention Against Torture, cancellation of removal or adjustment of status. It’s important to act quickly in each one of these scenarios.
If all appeals have been exhausted, there may still be a path forward through a motion to reopen or reconsider the case. In certain humanitarian situations, individuals may also be able to request a stay of removal or deferred action, particularly if removal would cause extreme hardship to U.S. citizen family members or involve serious health or safety risks.
Facing deportation is deeply stressful, but you don’t have to go through it alone. A qualified immigration attorney can review your case, explain your rights and help you understand the best possible path forward. Taking immediate legal action offers the best chance at staying in the country and protecting your future.
