Important Facts About Failing to Follow a Deportation Order

deportation order

In 2019, the U.S. Immigrant and Customs Enforcement’s Enforcement and Removal Operations (ERO) officers transported more than 267,000 undocumented immigrants from the country.

As an undocumented immigrant, you may be facing deportation after you’re taken into ICE custody. This could have been during a raid or after you have been arrested. This begins a lengthy, legal process that may take a few months to get through.

After attending your hearing, you will have to wait for the immigration judge’s decision on your care. The judge is going to determine whether you will get released from ICE custody or be deported.

If this is your situation, you might be wondering what happens next. Continue reading to learn what to expect after receiving a deportation order.

How to Know if You Have a Deportation Order

The process after you get released from ICE custody via an immigration bond can be extremely confusing. If you had a case in immigration court and lost, it is likely that you will have a deportation order in effect.

You can call the immigration court at 1-800-898-7180 to get the latest information on your case. You can also visit the USCIS website to check out your immigration case status.

If you have not had a case with immigration court, you may need to hire a lawyer to determine if there is a deportation order with your name on it.

Voluntary Departure

You may be able to leave on your own recognizance and expense. This is called a voluntary departure. You must be sure to leave the country by the deadline when you volunteer to leave.

A voluntary departure can require a bond payment. Once the individual leaves the country (within the allotted time frame), they will get their bond payment back. It is a means of collateral to guarantee that you left the country.

After Receiving a Deportation Letter

After receiving notice that you are being deported, you must comply with the order. When you receive your “bag and baggage” letter (Form I-66), it will contain a date and time where you must report to your local ICE facility.

You have a few legal options to take when it comes to this. You can attempt to cancel your order. You may also go through the process of having your status adjusted. You can use this to achieve a lawful permanent resident status while still in the U.S.

If none of this works, you can apply for readmission after being removed from the country.

How to Cancel a Deportation Order

It’s likely that your deportation order was given after your case was finalized. In certain cases, you may be able to cancel your deportation order.

However, there is an automatic 30-day window where you can file a Notice of Appeal. If you don’t file during that time, you cannot get your deportation order reversed.

Out of the hundreds of thousands of people who get a deportation notice, only 20% will actually appeal. And of that 20%, very few appeals will be successful.

Filing an appeal with the Board of Immigration Appeals takes you to the highest immigration court in the nation. However, their hands are tied when it comes to getting your order canceled.

How to Get a Status Adjustment

You can apply for lawful permanent resident status to stay in the country. You will usually need someone to file an immigrant petition for you. This would generally be a family member that is a documented immigrant or someone who is willing to sponsor you.

A status adjustment may also be applicable to those seeking asylum. In this case, it would be someone who feared they would be in danger or face persecution in your home country.

Failure to Depart After a Deportation Order

Failing to depart on a voluntary departure order is considered a criminal offense. Your case will be handed over to the proper authorities because you are now a fugitive. The basic punishment for failing to leave the country is a fine and/or imprisonment for up to four years.

If you fail to comply with the order, a voluntary departure can be turned into a removal order. This means that you will be forcibly removed from the country.

Make sure that you only request voluntary deportation unless you know for certain that you will be able to depart on time.

The consequences of failing to depart on time are severe. There is a civil penalty in the form of a fine of $1,000 to $5,000. You will not be eligible to return to the United States or reapply for citizenship for ten years.

Exceptions to the Ruling

There is, however, an exception to the rule. If you, for some reason, are not physically able to leave or are unaware of the deportation order, the judge will not see that as refusing to leave.

You may also be exempt from the ruling if your lawyer fails to alert you of the voluntary deportation order.

Returning to the United States After Getting Deported

Failing to comply with a deportation order can affect your chances of obtaining future U.S. immigration status. This means that you may not be able to return to the United States for a specific amount of time following the failure to depart.

Amistad Immigration Bonds

Amistad Immigration Bonds has the resources available to assist anyone in the United States with an immigration bond.

Call Amistad Immigration Bonds today to get a bail bond in a pinch. The sooner you are out of ICE custody, the sooner you can get in touch with a lawyer and avoid a deportation order.

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