Deportation is the formal expulsion of foreigner from the U.S. accordingly to violation of an immigration law. Another reason for deportation can become criminal acts of the foreign nationals.
Foreign nationals who come to the U.S. not having the proper visa or have their visa expired, but still live in the U.S., may be deported by the order of expedited removal even without an immigration court hearing. In some cases, immigrants are to wait for court hearing.
The procedure of deportation takes several steps:
- There are special detention centers where the immigrants are sent before the trial or deportation.
- An Immigration Court of the U.S. Department of Justice (DOJ) hears the case.
- Before the U.S. Immigration and Customs Enforcement will give a removal order, the native country of an immigrant must agree to accept him and issue travel documents.
- Flight expenses are usually taken by the U.S. government, though sometimes the removal process may be both air and ground transportation.
- For those immigrants who have committed nonviolent crimes, Rapid REPAT program is applied.
Before deportation and completing removal proceedings:
- One has the right to contact U.S. Citizenship and Immigration Services office for consultation.
- There is a possibility to leave the U.S. under voluntary departure program.
- Immigrant can file a complaint if his rights were violated
- Immigrants who has no documents and can apply for the adjustment of status process to receive a Green Card (with a petition by a family member or asylum)
One should always remember about nonprofit organizations, who can provide consultation and help to choose the right actions before making an appeal. Even after being deported, there is a chance to apply for readmission after removal.
Those people who were brought to the U.S. as a child and do not have U.S. citizenship, are eligible to have a two-year delay. It doesn’t grant a citizenship, but at least helps to receive employment authorization document.