5 Things to Do If You’re Facing Deportation

Published by:
David Johnson

Reviewed by:
Alistair Vigier
Last Modified: 2022-05-02
Are you facing deportation? No one hopes or expects to be on the receiving end of a Notice to Appear in immigration court. If you’re living in a foreign country, it’s one of the most dreadful things that can happen to you. It could threaten the life you’ve worked so hard to build.
However, being summoned to immigration court doesn’t have to be a nightmare.
There are a lot of things you can do to prepare yourself for an immigration hearing. It’s important that you be ready to answer questions, defend yourself, and prove that you are eligible to stay in the country or eligible for a green card or asylum.
Hiring an immigration lawyer is an excellent idea when you’re struggling to understand the charges against you. An experienced immigration lawyer will also give you a clear idea of your legal rights and help you find ways to prevent deportation.
In this blog, we’ll outline a few tips to help you navigate the troubled waters of immigration court. Let’s get started.
Hire an Immigration Lawyer
If you’re facing deportation, there are ways to fight back. The first step towards doing so is finding an attorney who is experienced in immigration law—someone who can help defend your interests should the need arise.
While hiring an immigration lawyer isn’t mandatory, their legal advice and expertise come in handy when you’re dealing with something as serious as deportation. Besides defending you in immigration court, they can help you make sense of the notice and understand your legal rights.
Also, they can help you identify loopholes or gaps in the charges against you and figure out ways to stall deportation.
You can run a Google search to find a reliable and respected immigration attorney. Make sure you check their online reviews and ratings before contacting them. Also, find out whether they have past experience in dealing with cases like yours.
If a Google search doesn’t return any trustworthy results, it’s a good idea to ask your coworkers or friends for references.
Understand the Case
In addition to consulting an immigration lawyer, you should understand the case against you and what will happen during your immigration court hearing.
Make sure you do the following things:
- Find out the legal basis of the deportation order. This is known as the “charging document,” and it should explain why you are being deported.
- If your case is based on criminal history, find out what criminal charges have been brought against you and whether they have been dropped. Then consult your attorney to discuss your options.
- If you arrived in the country without permission and stayed past your visa’s expiration date, consult an immigration lawyer about applying for asylum or other relief from deportation.
Furthermore, it’s essential that you analyze the charges against you with the help of an attorney and find out whether you’re facing deportation because of clerical errors or bureaucratic negligence.
Organize Your Paperwork
Whether you’re living as an undocumented immigrant or have received permanent residency, it’s a good idea to gather all the documents and evidence that could prove your case in immigration court.
Typically, you’ll have to furnish your visa, green card, work permit, and other documents that prove that you’re not an illegal immigrant. Also, keep your proof of identity and proof of address handy.
Know Your Legal Rights When Facing Deportation
These include the right to legal counsel even if you can’t afford one, the right to be informed of the charges against you, the right to a fair hearing before an immigration judge, the right to present evidence on your behalf, and (if applicable) the right to appeal a decision after hearing. Talk to your immigration attorney for a better understanding of your rights.
Update Your Address
If you’ve recently moved to a new neighbourhood or city, make sure you request the court to update your address. Otherwise, you might miss crucial legal correspondence regarding your immigration status. Worse still, you could miss court hearings regarding your case. Avoid such scenarios by updating your address in all official court records.
Facing Deportation Conclusion
Facing deportation is very stressful, but it helps to have a plan and know what you need to do in case it happens. First and foremost, find out what type of immigration status you have from an immigration lawyer.
The first thing to do if you’re facing deportation is to look into all your rights and options and make sure you understand them. If ICE or any other immigration authority starts talking about deportation, don’t give them any documented consent for anything.
You have the right to remain silent—and it’s a good idea to exercise that right in this situation! If you are being arrested or detained, ask for a lawyer immediately. Don’t talk to the police until you’ve had a chance to speak with an attorney who can guide you through the legal process ahead.
Next, work with the attorney to understand the charges against you and assess your legal rights. Also, get your paperwork in order to prepare for court proceedings. Make sure you maintain complete transparency with your attorney about your visa and immigration status.
If there’s a good chance that you will be deported, start looking into your options now—don’t let yourself be caught off guard and unsure of what steps to take next.
While it’s likely too late if you’re already facing deportation proceedings, if there are credible fears of extreme harm in your home country due to factors like persecution or violence against LGBT people (or other vulnerabilities), apply for asylum before it’s too late.
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