How can I really find out if I have a deportation order in the United States? Well, usually by calling the Executive Office for Immigration Review (EOIR), but you also have other ways that we will show you in the blog.
We know very well that the greatest fear for any immigrant in the U. S. is being put under removal proceedings.
Therefore, if you believe you have a deportation order, do not hesitate to contact us. Our immigration attorneys in New Jersey at Curbelo Law are specialists in dealing with removal proceedings.
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How To find out If I Have A Deportation Order In The United States In 2024
There are 3 ways to know if you are under removal proceedings in the United States:
Contact The Immigration Court
The simplest way to find out if you have a deportation order is through a request for immigration records in the United States.
This request is generally made through the Freedom of Information Act (FOIA), which guarantees access to federal information.
Call The Executive Office For Immigration Review
If you have been through Immigration Court, there is a way to find out if you have a deportation order against you. For it:
- Call number 1 (800) 898-7180.
- Dial the number of your language preference. For Spanish, dial 2.
- Follow the directions dictated by a recording. There you will be asked to enter the alien number that was given to you or sent to the Immigration Court.
- If you find out and it is confirmed that you have a deportation order, it is important that you seek the advice of an immigration attorney.
These professionals will be able to provide you with more information about the date the order was issued and the reason it was issued. Additionally, they will help you determine your available legal options and if you can make use of reliefs such as the stay of deportation.
Contact An Immigration Attorney
For immigrants who have not appeared in immigration court, it is recommended that they consult with an attorney specialized in immigration issues.
This is because without contact with USCIS or the immigration court, it may be difficult for you to know your legal status without the assistance of an attorney.
At Curbelo Law, we have extensive experience in immigration matters. We understand that procedures can be confusing and stressful, which is why our team is prepared to accompany you throughout these processes.
Are you stuck in the country on a tourist visa? Actually, how long can you stay in the USA with a tourist visa? In our blog we have a post focused on explaining this scenario in detail.
Can I Fix My Papers If I Have A Deportation Order In The United States?
If you find out that you have a deportation order, it may seem like your options are limited, but there is still hope. Among its alternatives are:
- Review the case: The first thing you should do is consult with an immigration attorney to evaluate your situation. Depending on factors such as your background, time in the country, and reasons for deportation, there may be options available.
- Apply for an immigration relief: Some forms of immigration relief, such as asylum or a U visa, may allow you to remain in the United States.
- Marriage to a U. S. Citizen: If you are married to an American, there may be an opportunity to adjust your status. However, you must answer certain marriage-based Green Card interview questions.
If you are thinking about traveling to this country, we invite you to learn about the requirements to enter the United States. It is important that you comply with all these requirements to avoid being considered illegal or undocumented.
Reasons For Which you may be put under removal proceedings In The United States
There are many reasons why an alien may receive a deportation order from the United States. Generally, most of these relate to breaking the country’s laws, such as:
- Commit or have committed any crime or criminal act.
- Pose a threat to the public safety of the United States.
- Entering the United States illegally or repeatedly disobeying the conditions to remain in the country.
At Curbelo Law we help immigrants understand their legal rights and options in immigration-related situations.
What Happens When An Immigrant Is Detained And Deported?
An alien can be detained until his trial in Immigration Court or until his deportation. Those who did not go through immigration control when entering the country and do not meet the requirements can be deported expeditiously.
Are you a U. S. military member and your loved ones facing deportation? You may be eligible for Military Parole in Place.
How To Locate A Person Detained By Immigration?
To locate someone in immigration detention, use the online detainee locator and select your preferred language.
If you cannot find the immigrant using the online locator, contact your state’s Office of Detention and Removal. You can also contact us.
If the immigrant is a minor, we invite you to read our blog: How to find a minor detained by immigration.
Crimes Investigated By ICE
United States Immigration and Customs Enforcement (ICE) is responsible for:
- Identify,
- Research and
- Dismantle criminal activities that represent a threat to the economic, border, transportation and infrastructure security of the country.
These criminal activities include violations of immigration laws, terrorist activities, drug trafficking, human trafficking and others.
How To Report Crimes To ICE?
To report violations of immigration laws, call ICE’s Homeland Security Investigations tip line.
You can also report a violation of immigration law online using the ICE tip form.
Can You Appeal A Deportation Order In The United States?
In most cases, yes, but you will only have 30 days from the issuance of the deportation order to appeal your immigration case.
This process is carried out using the Immigration Court Form EOIR-26. However, it is essential to have the assistance of a lawyer to carry out this appeal process.
We remind you that the court requires solid legal arguments for the court to consider reversing the sentence.
Other Options Available
Another option in this type of case is, with the help of an attorney, to file a motion to rescind the deportation order in absentia.
However, for this option to be successful, there must be two valid reasons:
- The immigrant has not been adequately notified, or
- The Notice to Appear contains material errors.
Alternatively, exceptional circumstances may be considered that prevent attendance at the court date. For example, some illness.
It is important to note that simple forgetfulness or lack of desire to appear do not constitute exceptional reasons.
Are you looking for more alternatives to stop your deportation order? You may qualify to apply for TPS to avoid deportation.
Is It Possible To Remove A Deportation Order?
Depending on the circumstances, it is possible to cancel a deportation order. However, each deportation case is unique and has its own characteristics.
The process to cancel a deportation order requires legal assistance, since it is not possible to reverse the order in all cases.
Call us today, at Curbelo Law we are committed to helping you build the life you want in the United States and prevent your expulsion from the country.
What Happens If I Don’t Show Up For My Deportation Hearing?
If individuals don’t show up for their deportation hearing, the judge will likely order them deported in absentia. It is recommended that you attend all scheduled hearings to avoid a deportation order.
We remind you that you are not alone, you can count on us. Our professionals can help you with family-based immigration petitions and to file a motion to reopen an immigration case. Call us today.
How Serious Is It To Not Appear At The Immigration Hearing?
It is considered very serious if you do not show up for your appointment with the immigration judge. In fact, you could automatically receive a deportation order in absentia.
It is possible to appeal the ruling, but only if there is a legal basis why you were unable to attend your court hearing.
To begin the appeal process, the immigrant must seek legal assistance and file the application with the Board of Immigration Appeals (BIA).
How Long Do I Have To Leave The Country After Receiving A Deportation Order?
The deadline may vary depending on the scenario, but generally ranges between 30 and 90 days. If you are unable to leave the country on your own, you should contact ICE’s Office of Enforcement and Removal (ERO) for assistance in planning your departure.
What Happens If I Do Not Comply With The Deportation Order?
If you do not comply with a deportation order, you could face detention, forced removal, and being unable to return to the country for several years.
In some cases, you may be inadmissible to apply for some type of American visa in the future. Don’t expose yourself to these scenarios, call us immediately.
Can I Obtain Lawful Permanent Residence If I Have A Deportation Order?
It is possible to request cancellation of removal if certain criteria are met. For example, having been physically present in the United States for at least 10 years.
If you meet all the requirements to apply for it and the judge approves it, you will be able to obtain the Green Card. If you obtain it, over time, you could be eligible to apply for American citizenship.
What Agency Is Responsible For Executing Deportation Orders Issued By The Immigration Courts?
The Immigration Courts, belonging to the United States Department of Justice, are in charge of examining both the case and the deportation order.
If the judge determines that deportation is necessary, ICE is responsible for executing the order.
Before deportation takes place, you could choose to leave the United States on your own. This would be through voluntary departure. Of course, first we recommend that you consult with our lawyers.
What Happens When A Person Is Detained By Immigration In The United States?
You could remain in a detention center until your trial date in Immigration Court or until the day you are deported.
Those individuals who did not go through immigration control upon entering the country and who did not meet the requirements may not have a court hearing. This is because an expedited deportation is usually carried out.
If the order is carried out, most expulsions are carried out by air. Foreign nationals who committed non-violent crimes could enter the Rapid Repat program.
This program allows them to leave prison to voluntarily return to their country of origin.
Did you recently have a conviction? You may be interested in reading our article on immigration post-conviction relief.
Do Expedited Deportation Processes Not Go Through The Immigration Court?
Expedited removal proceedings are generally initiated through Form I-860.
If you received this form, it is likely that you have been residing in the United States for more than 14 days and were not detained at the border.
These procedures apply to individuals who will not receive a date to appear in Immigration Court and will be immediately deported.
On many occasions, foreigners who are in the U. S. seek to become legal in the country. Check our blog “How can an illegal immigrant become legal in the United States” to learn about your options for staying legally in the country.
Know Your Rights
In case immigration officers are going to arrest you, it is key that you know your legal rights:
- You have the right to remain silent.
- You have the right not to sign any document without first consulting an attorney.
- You have the right to make a call. At this point, it is crucial to contact your attorney. If you don’t have one, call a family member.
Likewise, you should not provide false information or use false documents. Lying is considered a serious offense.
Remember that you have the right to present a defense in your deportation proceedings, especially if ICE has never deported or arrested you.
What’s more, in some cases, you may be able to pay an immigration bond.
How Can The Curbelo Law Law Firm Help You?
This blog was focused on answering the question: How to find out I have a deportation order in the United States? Although there are several methods to find out, there is no one better than a good immigration lawyer to guide you through the process.
At Curbelo Law, our lawyer Carolina Curbelo deal with these matters every day. Therefore, we perfectly understand what position you are in. Through a private consultation, we can help you with any type of immigration scenario.
The way you can contact the firm is through a call, by email or by scheduling an appointment at our office located in Ridgewood, New Jersey.
