Individuals who have violated U.S. immigration laws or are facing certain criminal charges may be subject to deportation. Deportation occurs when the U.S. government removes an alien from the United States and returns the alien to his or her home country. The U.S. Immigration and Nationality Act (INA) sets forth the many different categories under which an individual may be removed from the country. These categories range from violating visa conditions to marriage fraud and drug-related offenses. You may learn more about the grounds for deportation and removal on the “About Deportation” section of our website.
The U.S. Department of Homeland Security (DHS) institutes deportation proceedings. You will be served with a Notice to Appear (NTA) before an immigration judge, which will set forth the reasons for your removal, the date, time and place for your hearing and the consequences for not appearing. The government will generally schedule a number of hearings throughout the process and it is critical for you to attend each of these. You will be permitted to be represented by legal counsel at your hearings and we would suggest that you seek the services of a skilled Baltimore deportation attorney to advise you throughout the process.
The final individual hearing is a formal process. You will testify under oath and if you have any witnesses they will generally be permitted to testify on your behalf. After the testimony is complete and the attorneys have had an opportunity to present closing arguments, the immigration judge will render a decision on your removal. In the event that the immigration judge determines you are removable, the judge may still find that you are eligible for relief from removal and will issue an order granting such relief.
If you are not found eligible for relief, and the judge rules that the deportation is to proceed, the U.S. Immigration and Customs Enforcement (ICE) will handle your removal process. In this instance, you should consult with your Baltimore deportation attorney to determine whether you may have grounds to appeal your decision to the Board of Immigration Appeals.
In the event that you decide not to appeal your case, you may want to request a voluntary departure. Under voluntary departure, you will leave the country at your own expense and within the time period ordered by the government. This process will allow you to avoid a final order of removal and the penalties associated with such an order. In most instances a voluntary departure is better than being removed by order, but there are consequences related to your ability to return to the U.S. in the future with either process. Not everyone will qualify for voluntary removal and eligibility will depend on your individual circumstances, you should consult with a skilled Baltimore deportation attorney to discuss your particular situation.
If you are not eligible or have decided not to apply for a voluntary departure and have received a final removal order, you should be prepared to leave the country at any time. The U.S. government will notify you regarding when and where to report for your removal. At this point you may still be able to postpone your removal by filing an application for a stay of the removal should you have a valid reason for not being able to leave the U.S. when you are ordered to do so. If you believe that you may qualify for a stay of removal, a Baltimore deportation attorney at our firm can review your situation and help you with the application process.