Over the recent years, thousands of people have been deported from the United States. Why do they get deported? What happens during this time? Are people who have been deported allowed to re-enter the United States? Read on to have these and other questions answered.
What Is Deportation?
Deportation is the act of removing a foreigner from a country. This happens when an individual breaks immigration laws.
Here are the four grounds for deportation as defined by the Immigration and Nationality Act (INA):
- Involvement in acts of fraud
- Criminal conviction
- Entering the United States with forged documents
- Living in the United States unlawfully
The Immigration and Customs Enforcement (ICE) handles the detention and deportation of such individuals.
What Happens When a Deportation Order Is Given?
If immigration officials have reason to believe that an immigrant is engaging in any of the aforementioned acts, they will detain you in a detention center. They will then file a case against you in an immigration court, where you will attend a hearing to determine your fate.
If you are found guilty on any grounds for deportation, the ICE will issue you a “bag and baggage ” letter that specifies where and when you will be picked up to travel back to your native country.
Once this letter is issued, you can leave on your own (voluntary departure). If you were on bail, you could be allowed to travel with some restrictions. The United States government typically covers any expenses.
If for some reason, you cannot leave the country on the specified date, you can ask for additional time through Form I-246, Application for a Stay of Deportation or Removal. If your application is approved, you can extend your stay for the specified period.
“There are situations when immigrants are deported before receiving a deportation letter. To prevent this from happening, it is wise to file for the Stay of Deportation Form I-246 at the hearing,” says immigration attorney Zaira Solano of Solano Law Firm, LLC
What Are the Consequences for Disobeying a Deportation Order?
If you fail to comply with the deportation order, your case will be forwarded to the fugitive unit. The police will then be mandated to track down and arrest you anywhere.
Once you are arrested, you will be detained at a detention center until travel arrangements to your native country are completed. Ignoring or disobeying removal orders denies you the opportunity to file for the Stay of Deportation.
Can You Appeal a Deportation Order?
If you believe the deportation order violates your civil rights, you can file a complaint with the Board of Immigration Appeals (BIA). Before doing this, you must file Form I-264 to provide additional time for the appeal.
Here is the information to be filled out on Form I-264:
- A-file number
- Date of filing
- Address
- Passport number and expiration date
- Extended stay period requested
- Arrested by police or other law enforcement agencies
- Reason for filling out the form
- Supporting evidence for your claims
- Information in the form from people other than the applicant
Note that you should submit the form to the nearest ICE Field Office within 30 days of receiving a deportation order. You will also be required to make a payment of $155. If the appeal goes through, you can stay in the country for the requested period.
Can I Return to the United States After Being Deported?
A deported immigrant is barred from returning to the United States for a specified period. This period is determined based on the previous deportation record and reasons for removal. The more severe the circumstances around the deportation, the longer the inadmissibility period.
Therefore an immigrant attempting to return to the United States is inadmissible if they were deported from the United States or they have been present unlawfully for over one year in aggregate. Once the period is over, they can reapply to return to the United States.
Before returning, an immigrant must file Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. While doing this, ensure the form is filed with the right field office. You will find this information in your deportation letter.
Some of the documents to attach to Form I-212 are:
- Passport
- Personal IDs
- Employment records
- Copies of entry/exit stamps
- Copies of exclusion, deportation, or removal proceedings from an Immigration Court
- Registration of your residence abroad
- Evidence of relationship to a relative residing in the United States
While filing this form, you must make a $930 non-refundable payment. The USCIS will ultimately determine if you are admissible to the United States.