If you've been detained on an immigration hold and you're at risk for deportation, you'll need to act fast. There are steps you can take to prevent the deportation but it will require you to prove that you're eligible to stay in the United States. Here are just four of the reasons you may be able to have your order for deportation removed.
Your Notice to Appear Wasn't Served Properly
If you are at risk for deportation, immigration officials should have served you with a notice to appear. If you are in receipt of the notice to appear, you may think that you will absolutely be deported. However, that's not the case. If your notice to appear wasn't served properly, you may be able to avoid the deportation order. This is particularly true if the notice to appear was sent to the wrong address, or if the notice was sent directly to your immigration attorney. In order for the notice to appear to be enforceable, it must have been addressed properly, and you must have received your own copy.
There's a Change to Your Immigration Status
If there was a change to your immigration status prior to the deportation order, you may be able to have the order removed. Changes to immigration status can occur in a number of ways. First, you may have forgotten to extend your student or work visa. Second, your permanent status paperwork might not have been processed properly. If you have documentation to prove that you have the legal right to be in the United States, you may be able to avoid the deportation order.
You Face Persecution if Returned
If you entered this country illegally, but you did so to avoid persecution in your own country, you may have grounds to fight the deportation order, especially if you can apply for asylum status quickly enough. Asylum is available to people who have fled their home country due to threats of violence or persecution associated with their religion, sexual orientation, race, or political party. If you fit into any of those categories, you need to apply for asylum, even if you've already been served with a deportation order.
Your Criminal Charges Aren't Deportable
If you've received a deportation order because of your criminal history, you may be able to have the orders canceled. Before you can be deported due to your criminal history, your crimes must fit the specific categories required for deportation orders. If your crimes — or criminal charges — don't fit the criteria, it's time to fight the orders.
If you're facing deportation, don't leave without a fight. Contact an immigration attorney near you as soon as possible. There may be grounds to have the orders lifted. To learn more, reach out to an immigration law firm in your area.