A Comprehensive Resource for Protecting Your Stay in the United States
Deportation is a risk for all American immigrants – documented or not. If you’ve been placed in a removal proceeding, it’s crucial to understand the process ahead and the rights afforded to you.
The Start of a Removal Proceeding
Deportation cases begin when an individual is charged with a Notice to Appear. The Department of Homeland Security will use these documents to list how they believe you violated immigration laws. The notice will also include the date of your first hearing.
What You Need to Do
If you’ve been served with a Notice to Appear, you must comply with the legal process ahead. You will be expected to:
- Attend all scheduled hearings
- Use Form EOIR-33/IC to report any changes in address within five days of moving
- Follow deadlines assigned by the judge for applications, evidence, and other documentation
- Report to your deportation officer periodically at the designated location (if you were detained and later released)
It is essential that you go to court hearings. If you fail to attend, you will be ordered removed and a warrant will be issued for your arrest.
Your Rights Throughout the Removal Proceedings
Everyone in the United States, regardless of their immigration status, is protected by the U.S. Constitution. As such, you maintain the following rights when dealing with ICE and other law enforcement officers:
- The right to remain silent: Individuals are not legally obligated to provide personal information about themselves or their family to law enforcement officials, including information regarding your legal status.
- The right to refuse a search: If officers do not have probable cause to search your belongings, they must first ask for your permission. You have the legal right to deny their request to search your property.
- The right to communicate effectively: If you do not feel comfortable communicating in English, the court will provide an interpreter for removal hearings.
- The right to present evidence: You can bring witnesses to provide testimonies and offer other evidence to support your case.
- The right to review evidence: You have a right to see all evidence presented by the DHS against you.
- The right to appeal: You have the right to file an appeal with the Board of Immigration Appeals if you do not agree with the outcome.
Our attorney can work with you to try to legally extend your stay in the United States by pursuing an adjustment of status, a cancellation of removal, or by seeking asylum. There are strict eligibility criteria, and the process can be complicated to pursue alone. Trust our lawyer to help you through it.
We Are Here to Help
Deportation cases are time-sensitive, making it imperative to contact our attorney as soon as you get notice of your removal. From filing applications to gathering evidence, our lawyer will guide you through the entire process. Contact us today to protect your American dream.