Five Things To Do After A Deportation Order

A deportation order can feel like your world has been turned upside down. It often brings uncertainty, fear, and a race against the clock to understand what steps to take next. While the legal implications are profound, your decisions immediately after receiving such an order can significantly influence your future.

For anyone in this situation, the uncertainty can be paralyzing. In this article, you’ll explore five practical steps after receiving a deportation order, giving you the tools to make informed decisions. Discover ways to challenge the order, explore relief options, and prepare for whatever may come.

Understanding What A Deportation Order Means

Understanding What A Deportation Order Means

A deportation order is a formal directive the United States government issued that requires an individual to leave the country. It’s necessary to understand what a deportation order means, as it directly impacts your rights, options, and next steps. The reasons for receiving such an order vary and can include:

  • Overstaying a Visa: Staying in the country beyond the duration a Visa allows is one of the most common reasons for deportation orders.
  • Criminal Convictions: Certain criminal offenses, even minor ones, can trigger deportation proceedings for non-citizens.
  • Violating Visa Terms: Engaging in activities outside the scope of your Visa, such as unauthorized work or failing to maintain required documentation, can lead to removal.
  • Entering the U.S. Illegally: Crossing the border without proper inspection or documentation.
  • Committing Fraud or Misrepresentation: Providing false information on immigration applications or documents.
    Engaging in National Security Threats: Being linked to activities that jeopardize U.S. security or public safety.

A deportation order has far-reaching consequences. It may lead to detention, restrict reentry to the U.S., and complicate future immigration applications. However, receiving an order does not mean your case is closed. An attorney can guide potential legal pathways to challenge or amend the decision.

A deportation order has far-reaching consequences. It may lead to detention, restrict reentry to the U.S., and complicate future immigration applications. However, receiving an order does not mean your case is closed. An attorney can guide potential legal pathways to challenge or amend the decision.

Consulting With An Immigration Attorney

After receiving a deportation order, one of the most critical steps is consulting with an immigration attorney. Understanding your rights and available options requires professional guidance tailored to your unique circumstances. This initial step can set the tone for how you approach your case.

An attorney can help you make sense of the legal grounds behind the deportation order. They review your case details to identify mistakes or oversights they can challenge. Additionally, they’ll help determine if relief options such as appeals, motions, or adjustments of status may apply to your situation.

Immigration cases often come with strict deadlines, and missing them—even by a small margin—can drastically affect your options. By working with a lawyer, you can ensure timely actions and explore potential avenues like appeals or motions to strengthen your case.

Evaluating Options For Appeal Or Motion

Once you’ve consulted with an attorney, the next step is to determine whether to appeal the deportation order or file a motion to reopen or reconsider your case. Each of these options has its own set of rules and deadlines.

Filing An Appeal

An appeal lets you ask the Board of Immigration Appeals (BIA) to review the immigration judge’s decision. To proceed, you must file your appeal within 30 days of the decision, adhering to the strict deadline. You present your case to the BIA, explaining why the initial ruling requires reconsideration.

You prepare a detailed written brief that outlines legal errors or injustices in the original decision. This document includes clear arguments and supporting evidence. If successful, the BIA either overturns the deportation order or returns the case to the immigration court for further proceedings.

Requesting A Motion To Reopen Or Reconsider

A motion to reopen allows you to present new evidence that was unavailable during your initial hearing. It could include changes in your circumstances or documentation supporting your case. Meanwhile, a motion to reconsider asks the same court to address legal errors or misinterpretations in its decision.

You generally have 90 days from the date of the deportation order to file a motion, but certain exceptions exist for cases involving fraud or new asylum eligibility. Substantial grounds for these motions include overlooked evidence, significant life changes, or errors in the legal process.

Understanding your legal options is critical after receiving a deportation order. Beyond appeals and motions, some individuals may qualify for specific forms of relief that allow them to remain in the United States. Exploring these possibilities can open new paths to secure your future and protect your rights.

Exploring Relief To Legally Stay In The U.S.

Even after a deportation order, there are avenues for relief that may allow you to remain in the United States legally. Exploring these options is a critical step. An immigration lawyer can guide you through these possibilities, including the following:

Cancellation Of Removal

Cancellation of removal protects those with strong ties to the country who meet specific legal criteria. For applicants to qualify, they must continuously be physically present in the U.S. for a set time and maintain good moral character. They must also prove their deportation would cause exceptional hardship to a qualifying U.S. citizen or resident relative.

Adjustment Of Status

Adjustment of status allows eligible individuals to become lawful permanent residents without leaving the U.S. Depending on the category, this process may require sponsorship, possibly through a qualifying family member or employer. Meeting the eligibility criteria is critical, as this option provides a pathway to secure long-term stability.

Asylum & Humanitarian Protections

For individuals who fear persecution or harm in their home countries, asylum or similar protections may be an option. You must demonstrate a credible fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Successfully obtaining asylum can provide a path to safety and legal residency.

While exploring legal options is vital, planning for the future is equally critical. Preparing for potential outcomes helps you stay organized and reduces stress for you and your loved ones. Taking proactive steps can safeguard your personal and financial well-being, ensuring you’re ready for the future.

Creating Alternative Plans For All Possible Outcomes

As you work to resolve your immigration case, prepare for all possible outcomes. Pursuing legal relief can open doors to staying in the United States, but planning ensures you’re ready for any scenario. Proactive steps reduce stress and help you make informed decisions about whether you remain in the country or must leave.

If staying in the U.S. isn’t an option, consider voluntary departure. This choice lets you leave the country on your terms and avoid the lasting penalties of forced removal. Plan for reentry by understanding bans and exploring waivers, which may shorten the time before you can apply to return legally.

Take charge of your family’s needs and organize vital documents to create stability during uncertain times. Arrange childcare, manage financial matters, and secure records to ensure you and your loved ones remain prepared. Legal representation can also provide the guidance you need to navigate these challenges and protect your rights.

Turning To Lincoln-Goldfinch Law For Immigration Assistance

Options For Appeals Or Motions When Facing Deportation

A deportation order doesn’t have to mark the end of your journey. It’s a challenge and a moment to explore the paths still open to you. At Lincoln-Goldfinch Law, we’re committed to helping individuals and families like yours find a way forward.

With experience in immigration cases and a dedication to personalized care, we’re ready to stand by your side. Whether it’s filing an appeal, preparing a motion, or seeking relief, we’ll guide you through every step. Your story matters to us, and we’ll do everything we can to protect your future.

Immigration challenges are never easy, but you don’t have to face them alone. Our team is here to help clarify your options and take action on your behalf. Contact Lincoln-Goldfinch Law today if you’re ready to start building your case. We can work toward a favorable outcome for you and your loved ones.

Facing a deportation order is serious, but there are ways to address it effectively. Key steps include consulting an attorney, filing an appeal or motion, and exploring relief options. Preparing for possible outcomes, including voluntary departure or reentry planning, can also help reduce disruptions and clarify the road ahead.

Taking proactive steps can make a significant difference in protecting your rights and future opportunities. For skilled immigration support, contact Lincoln-Goldfinch Law today to receive personalized guidance and strategic solutions for your case.

About the Author: Kate Lincoln-Goldfinch

I am the managing partner of Lincoln-Goldfinch Law. Upon graduating from the University of Texas for college and law school, I received an Equal Justice Works Fellowship in 2008, completed at American Gateways. My project served the detained families seeking asylum. After my fellowship, I entered private immigration practice. My firm offers family-based immigration, such as green cards and naturalization, deportation defense, and humanitarian cases such as asylum, U Visa, and VAWA. Everyone at Lincoln-Goldfinch Law is bilingual, has a connection to our cause, and has demonstrated a history of activism for immigrants. To us, our work is not just a job.

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