The 3 Most Common Types Of Deportation Cases In Texas
It can be difficult to understand the full extent of what happens when you are deported, but at least you will have a basic understanding after reading this article. Before you attempted any immigration application or petition on your own, it is important to discuss with an experienced attorney.
Deportation vs Removal: What’s the difference?
These two terms are used interchangeably and sometimes they are incorrectly used since both carry almost the same legal meaning. The most accurate way to describe them would be that “deportation” is a legal proceeding, while “removal” is the actual physical expulsion of an individual from the United States. In both cases, if someone is deported or removed, they will be barred from ever legally returning to the U.S. unless they obtain prior authorization to do so (i.e., a waiver.)
With either term, you could end up in Removal Proceedings and it’s best not to skip this article and go directly to our online form. Such requests must be made through your attorney who will discuss all options with you before taking further steps.
Deportation vs Removal: What are the most common types?
The three likeliest cases involving deportation proceedings in Texas would include (1) entering without inspection; (2) criminal convictions; and (3) failure to update the government of address changes.
(1) Entering without inspection can carry different connotations depending on your specific situation, but in the simplest terms, it will mean that you were either “wet-footed” or were discovered by border patrol while you were actually inside U.S. territory after crossing the border illegally. This is one of the most common ways to get picked up for removal proceedings since there are certain highway checkpoints set up where agents sit and wait for unsuspecting individuals that fit a certain profile (young males with no family ties living in Mexico). Please click here if you would like more information about this section.
(2) Any conviction, including traffic offenses, can affect your ability to legally remain in the United States, but those involving controlled substances carry with them a heightened risk. Convictions of this nature can lead to removal proceedings as a consequence of your sentence even if you were not initially charged with such an offense. In most cases where someone was arrested and then later convicted on drug-related charges, they will usually be processed administratively through Immigration and Customs Enforcement (ICE) and sent back immediately upon completion of their original sentence without any hearing beforehand.
(3) When applying for certain immigration benefits, including naturalization and permanent residence petitions, it is imperative that you report any changes to your address within 10 days of moving either by filing Form AR-11 online or calling the National Customer Service Center at 1-800-375-5283. Failure to do so will result in a charge of willful misrepresentation, which is a ground for deportation even if there were no other underlying issues with your application.
There are other types of deportations, but these three categories account for the majority of cases that will be handled by a Houston Deportation Defense Lawyer.
Deportation vs Removal: How long do I have to appeal an immigration decision?
In most cases, your window to file an appeal will begin after receiving either written or verbal notification from the government about the underlying immigration action. In deportation proceedings, this means ICE has issued a Notice to Appear (NTA), which is the official document that appears in someone’s immigration record when they have been placed in removal proceedings. If you are in detention, the same rule applies if you were notified verbally while still in custody.
After receiving written or verbal notice of your place in removal proceedings, you will be given at least thirty days to file an appeal with either the Board of Immigration Appeals (BIA) or the appropriate court, whichever route seems more appropriate for your particular case. If ICE is attempting to remove someone back to their home country, they have sixty days to do so after issuing the final administrative order unless there are extensions granted by a judge along the way.
This means that once an individual has received proof that they have been placed in deportation proceedings, it is vital for them not to wait too long before seeking professional legal representation since time is of the essence in most cases.
How long does a deportation case usually take?
Deportation cases can be resolved in several ways, but they tend to last the longest when it comes to appeals. In most cases, as soon as a person is placed into removal proceedings before an immigration court, their future in this country will be decided within about six months or less. This is why it is important for those who are facing deportation before an immigration judge to seek legal representation from someone who specializes in these types of cases since every day counts and every chance at staying must be discussed and explored with a Houston Deportation Defense Lawyer.
What happens if my case is on appeal?
In some cases, a person who has been issued a final order of removal will remain in the U.S. for a certain period of time after their deportation case has been appealed before ICE turns them into federal authorities within the U.S. In other situations, that same individual may even be released from custody until their appeal is either won or lost based on humanitarian circumstances such as having U.S. citizen children who are dependent upon them to live here lawfully with them which would place an extreme hardship on those children if they were forced to leave this country without their parent(s).
What is a waiver and how can a Houston Deportation Defense Attorney help me?
In most cases, being placed in removal proceedings will prevent an individual from obtaining lawful status in the U.S., such as through family sponsorship or employment authorization for at least ten years. In order to avoid having to wait that long, many choose to file Form I-601 while still in deportation proceedings with the assistance of a Houston Deportation Defense Lawyer who can argue on their behalf and hopefully convince immigration authorities that they should be allowed back into the country under an exception that would allow them reentry before the 10-year penalty has been served.
For more information, you may ask or consult with immigration lawyers in Houston.