Deportation

Deportation is a process by which the federal government formally expels a non-citizen from the United States. Deported individuals may never be able to legally re-enter the United States, regardless of whether their families are still there or if their home nations are willing to accept them.
Individuals facing deportation are able to challenge the procedure, although the legal process is complex and constantly changing. It is vital to gain the assistance of an attorney with immigration law experience in order to improve your chances of staying in the United States.
You may be subject to deportation if:

1. You are an inadmissible alien under U.S. law at the time of entry or due to later adjustment in     status.
2. You have unlawfully voted.
3. You have violated U.S. law in order to enter the United States.
4. You have violated conditions or entry or non-immigrant status.
5. You have terminated a conditional permanent residence.
6. You have engaged in marriage fraud in order to enter the United States.
7. You have been convicted of certain crimes.
8. You have failed to register or used forged or falsified documents related to entering or residing
     in the United States.
9. You have encouraged, induced, or aided any other person in illegally entering the United States.
10. You have participated in any activity that threatens public safety or national security.
11. You have become a public charge without cause shown at the time of entry.

The deportation process begins when the Bureau of Immigration and Customs Enforcement issues a Notice to Appear, or NTA. The NTA will contain general information about the person being deported and the reason for deportation, and will be served as well as filed with the immigration court.

After the NTA has been served, the immigration court will schedule a Master Calendar hearing. At this hearing, the judge will ask the individual facing deportation if they are ready to proceed. If the deportee needs time to hire an attorney or prepare a case, a later hearing will be scheduled. If the deportee already has an attorney or elects to proceed without one, the immigration judge will ask the immigrant to verify the details contained in the NTA.

If the judge decides that the NTA is correct, the deportee has the opportunity to request relief from deportation. If the deportee is ineligible, deportation will be ordered. If the deportee is eligible and applies for relief, another hearing will be scheduled. The deportee will have the opportunity to testify and to have witnesses testify at this hearing. The immigration judge may issue an oral decision at the hearing or decide to issue a written decision later.

If the judge has ordered deportation, the deportee has 30 days from the date of the decision to appeal to the Board of Immigration Appeals (BIA). If the BIA rules against the deportee, then the deportee can appeal to the appropriate Court of Appeals. The government can appeal a judge's decision to allow a deportee to remain, but cannot appeal a decision of the BIA. The decision of the Court of Appeals can be appealed by either the government or the deportee.

In order to protect your rights through this complicated process, you should gain the assistance of an experienced immigration attorney. An attorney can represent you throughout this process and help to improve your chances at remaining within the United States.

DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

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If you would like to schedule a initial consultation contact an Iowa immigration attorney, representing clients in Dubuque, Iowa at the Day Rettig Piffer, P.C.. Give us a call at (866) 472-3270 or email us at info@drpjlaw.com