Deportation from the United States can result from a visa violation, when a foreign national participates in crime or is a threat to public safety, or a variety of other reasons. If you are facing deportation, there are a lot of questions that you will need to find the answers to. The threat of deportation, whether for you or a loved one, can be intimidating and scary, but knowing the right questions to ask is a good place to start. Finding an experienced immigration lawyer in Detroit is also a very important step to take. Here are some good questions to ask about deportation:
Are you automatically deported after being arrested by ICE?
If an individual is arrested by ICE for being undocumented, overstaying a visa, or any other variety of immigration-related issues that will result in deportation, the length of time until the actual deportation can vary on many factors. First, there will be a court hearing to determine the next steps. If there are outstanding deportation rulings, this may make them eligible for an expedited deportation. There are some possibilities of remaining in the country if the individual is seeking asylum or other circumstances, but if deportation is unavoidable, then the time until actual removal can vary greatly.
If I am ordered to leave the country, how long until I am deported?
You have 30 days to file an appeal against your ruling, at which point you will begin an appeals process before being forced to leave the country.
Can I marry a US citizen to avoid deportation?
Although there are circumstances where you may be able to marry to avoid deportation, this all depends on how far along the process of deportation is, your deportation priority, the status of the marriage, and other factors. This is another thing worth discussing with an immigration lawyer.
Am I able to apply to stay in the United States through the Deferred Action for Childhood Arrivals (DACA)?
US Citizenship and Immigration Services are accepting applications for renewals under DACA, but new applicants will no longer be allowed as of February 2018.
Can someone who was deported due to a felony apply for a green card after their probation ends?
In order to be allowed to apply for a green card after being deported for a felony, a person must first apply with form I-130, then file for an I-160 waiver to forgive their time illegally spent in the US, and finally file an I-212 to forgive them of the crime. If, and only if, these forms are accepted, will an individual then be able to begin the legal application process for an American green card.
What happens if an individual refuses to leave the country after a deportation order?
If a person is ordered to leave the country after a deportation ruling and does not, they will be registered as fugitives, sought by Immigration and Customs Enforcement (ICE), and deported upon apprehension. There may be additional charges resulting from this violation.