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How to Appeal a Removal or Deportation Order

Posted by Gutierrez Law Firm on April 3, 2013

The United States Citizenship and Immigration Services (USCIS) routinely issues notices of deportation to individuals who are in the country illegally. There are a variety of legal procedures that can be employed to fight a deportation order. The legal representation of an experienced immigration attorney is the best means of obtaining a favorable outcome.

Among the many circumstances that can lead to the USCIS issuing a notice of deportation are the following:

  • Entering the United States illegally
  • Expiration of a visa or green card
  • Commission of a crime

Fighting a Deportation Order

A deportation order is sometimes referred to as a removal order. If someone is being deported to their home country because they have been charged with a criminal violation, it may be possible for the subject of the deportation notice to convince USCIS officials that they are innocent of the crime. It may also be possible for an immigration attorney to convince officials that the subject of a deportation order was compelled to plead guilty to a lesser charge in order to avoid the consequences of a more serious crime.

If someone is being deported due to expired or missing documentation, it may be possible to obtain a waiver from immigration authorities. A successful waiver application not only forgives time spent illegally in the U.S., but it also allows the applicant to apply for a green card or visa. The applicant can remain in the U.S. unless a green card or visa application is denied.

If the person facing deportation has lived in the U.S. for at least 10 years, it is also possible to ask the government to cancel the removal order if expulsion from the country would impose a hardship on family members who are legal citizens. The defendant will be allowed four months to make any necessary arrangements prior to leaving the country. It may also be in the person’s best interest to voluntarily leave the U.S. in order to make application for readmission. Being deported may make it more difficult to gain legal admission to the U.S.

Appealing a Deportation Decision

Even a final deportation decision can be appealed. If you are facing deportation, a knowledgeable immigration lawyer can help you file a protest with the Board of Immigration Appeals (BIA). Even if the removal order is upheld by BIA, it may still be possible to seek relief in the U.S. Court of Appeals.