How the Deportation and Removal Process Works

Posted on 03/17/23

Deportation and Removal Process | The Law Offices of James A. Welcome. Professional Immigration Attorney

Facing deportation is a frightening and isolating process. Understanding how circumstances of deportation can help you prepare to defend yourself or your loved one’s case.  

A deportation order can be a harrowing experience, but immigrants may often assume it is final. Fortunately, immigrants in the United States have the right to an attorney, a hearing, and an interpreter to defend a deportation order. If you or a relative faces deportation, you should immediately contact an immigration lawyer to begin the defense process. 

What Triggers Deportation?

Deportation or removal typically happens after an immigrant is accused of a crime. You can face deportation as an immigrant who entered the U.S. legally or illegally, or as someone with a green card. Anything from minor crimes to major felonies can place you at risk of deportation. 

Other grounds for deportation include the following:

  • Entering the U.S. without authority
  • Violating work admission requirements
  • Becoming a member of a prohibited organization

Receiving a “Notice to Appear” Letter

A “Notice to Appear” (NTA) letter is the first step in the deportation process. You or your loved one will receive an NTA that lists the criminal allegations and the reasons behind the removal. If your relative gets detained by Immigration and Customs Enforcement after their arrest, you will also receive information regarding a bond hearing. 

This letter does not immediately mean that you or your loved one will be deported. The moment you receive this information, you should consult with a skilled Connecticut immigration attorney.

Deportation isn’t a cookie-cutter situation for every matter. Individuals who face deportation have unique circumstances pertaining to their case. Your lawyer may be able to create a defense for you or your loved one’s right to stay in the country. 

Bond Hearing to Request Release

The bond hearing presents the case in front of an immigration judge with the purpose of determining whether or not the individual can be released from custody on bond while waiting for the removal proceeding. Bond may not be available for certain criminal charges. Your attorney can attempt to settle certain bond or release terms, like parole. 

Removal Proceeding Provides Opportunity to Defend

The removal proceeding is the official hearing where the immigrant can defend their reasons for desiring to stay in the nation.

During the proceedings, the individual will plead guilty or not guilty to the criminal allegations, accept or deny the deportation charge, and provide the immigration judge with any status transfer applications to remain in the United States. Assuming the individual wishes to stay in the United States, the immigration judge will schedule an Individual Merits Hearing where the defendant’s attorney may present testimony with evidence to support their case. 

An attorney from the Department of Homeland Security will generally also provide opposing testimony. After hearing all sides, the immigration judge will make an ultimate decision regarding the immigrant’s status in the United States.

Fighting Deportation 

At the Law Offices of James A. Welcome, attorneys will fight for the rights of you or your loved one. A few remedies when fighting deportation include the following:

  • Cancelation of removal
  • Granting of asylum status
  • Withholding or suspension of deportation
  • Status adjustment
  • Waivers of deportability and inadmissibility
  • Legalization
  • Registry

Each of these options includes varying complexities, depending on your scenario. The attorneys listen to your case and use knowledge and experience to create the right defense for your needs. You will receive one-on-one support from your attorney, explaining all of your options in clear terms so you can understand what to expect.

Contact a Professional Immigration Attorney Today 

When facing deportation in Connecticut, you need a knowledgeable and experienced immigration attorney on your side. Contact the Law Offices of James A. Welcome to Connecticut, at (475) 241-0824 today or contact us online here.