Removal Defense
Know Your Deportation
Rights and Options
There are different reasons why US authorities can initiate a deportation process against someone. Likewise, there are different benefits, or reasons, why a person can stop, suspend, cancel and/or win a deportation case.
The deportation process is a very complicated process and can be lengthy. It is important that you understand all of your rights and obligations during the course of your case. Something as simple as leaving the state or missing an interview date, or a report with ICE, can complicate your case or even be the cause of a deportation.
Obvious Reasons:
- You did not enter with a valid visa;
- You entered with a valid visa, but you overstayed your visa;
- You were arrested by ICE officers;
- You violated other immigration laws.
Rights:
- Due process, you have a right to a hearing before an immigration judge;
- Present applications that allow you to have a legal status/presence in the U.S.;
- Obtain evidence that the government is using against you in your case;
- Ask for time to prepare your case against a deportation (this includes obtaining legal counsel)
Not So Obvious Reasons:
- You violated the terms of your visa (e.g. worked without authorization);
- You did not notify USCIS of an address change;
- You committed a crime;
- You received public benefits or became a public charge to the state/government.
Alternative Results:
- Receive Legal Permanent Status upon winning your case;
- Administratively close your case in order for USCIS to adjudicate another benefit;
- Appeal an unfavorable result;
- Voluntary Departure in order to apply for consular processing.
FREQUENTLY ASKED QUESTIONS
Can I be deported if I've been in the U.S. for at least 10 years?
10 years of physical presence is the first element necessary for a cancellation of removal. It is important that you can check all additional items and have a qualifying family member to petition for you.
I committed a crime over 10 years ago?
Depending on the crime and the year the crime was committed, a good attorney can exclude that crime from your deportation case.
I didn't go to court. How can that affect me?
An immigration judge can order you deported in absentia. It is very important that you file the necessary motions to overturn any removal order against you.
I have a pending petition, how can that help me?
If a family member filed a petition on your behalf, it is important that you determine whether the judge gearing your case can take jurisdiction of your petition and determine the outcome.
How much time do I have to leave the U.S.?
Depending on your case, but most of the time you have two (2) months to put your affairs in order. If you file an appeal, the deportation order is suspended until your appeal is determined.
I lost my case, now what?
You can file an appeal. You normally have 30 days from the court order, or if you received the decision in the mail, you have 33 days from the date of the order to file an appeal.
Contact Us
open from 9:00 am to 5:00 pm
Offices in Chicago, IL and Los Angeles, C.A.
Email office@calderongonzalezpc.com