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Facing Deportation? Here's What You Can Do Right Now

  • Jul 24, 2023
  • 4 min read

Updated: Jul 19


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Receiving a Notice to Appear in immigration court is terrifying — but it doesn't have to mean the end of your life in the U.S. There are legal defenses that may allow you to stay, including asylum, cancellation of removal, or adjustment of status. This article outlines your immediate options and what to do if you or a loved one is at risk of deportation.

First 48 Hours: Critical Actions to Take Immediately

1. Don't Panic, But Act Quickly

Time is your enemy in deportation proceedings. The sooner you act, the more options you have. Take a deep breath, then take action.

2. Do NOT Ignore Any Documents

  • Keep every paper you receive from immigration authorities

  • Note all deadlines — missing even one can result in automatic deportation

  • Take photos of all documents as backup

3. Exercise Your Rights

  • You have the right to remain silent

  • You have the right to an attorney (though not government-provided)

  • You do NOT have to sign anything without legal counsel

  • You can refuse entry to your home without a judicial warrant

4. Gather Critical Documents NOW

Start collecting:

  • Passports and identification

  • Tax returns (last 5 years)

  • Employment records and pay stubs

  • School records for you and your children

  • Medical records

  • Property deeds or rental agreements

  • Bank statements

  • Any criminal court documents

Understanding Your Situation

Types of Removal Proceedings

Regular Removal Proceedings

  • Start with a Notice to Appear (NTA)

  • You'll have hearings before an Immigration Judge

  • Time to build a defense (months to years)

Expedited Removal

  • No hearing before a judge

  • Usually at borders or within 2 weeks of entry

  • Very limited time to respond

Reinstatement of Prior Removal

  • For those with previous deportation orders

  • No hearing on the old order

  • May still have limited options

Administrative Orders

  • ICE may issue removal orders without court

  • Often for visa overstays

  • You can still challenge these

Your Defense Options: There IS Hope

1. Cancellation of Removal

For Lawful Permanent Residents:

  • 5 years as a green card holder

  • 7 years continuous residence

  • No aggravated felony convictions

For Non-Permanent Residents:

  • 10 years continuous presence in the U.S.

  • Good moral character

  • U.S. citizen or LPR spouse, parent, or child who would suffer "exceptional and extremely unusual hardship"

  • No disqualifying criminal convictions

2. Asylum, Withholding, and CAT Protection

Asylum

  • Fear of persecution based on race, religion, nationality, political opinion, or social group

  • Must apply within 1 year of arrival (with exceptions)

  • Allows path to green card

Withholding of Removal

  • Higher standard than asylum

  • No time limit to apply

  • Cannot return to country of feared persecution

Convention Against Torture (CAT)

  • Fear of torture by government or with government consent

  • Criminal history doesn't disqualify you

  • Extremely high standard of proof

3. Adjustment of Status

  • Immediate relative of U.S. citizen

  • May need waiver for unlawful presence

  • Can sometimes be done in removal proceedings

4. Prosecutorial Discretion

  • ICE may agree to close or dismiss your case

  • Administrative closure

  • Deferred action

  • Not a permanent solution but buys time

5. Other Relief Options

  • U visa (crime victims)

  • T visa (trafficking victims)

  • VAWA (domestic violence victims)

  • Special Immigrant Juvenile Status

  • Private bills in Congress (rare)

Common Mistakes That Can Destroy Your Case

1. Missing Court Dates

One missed hearing = automatic deportation order. No exceptions.

2. Hiring "Notarios" or Immigration Consultants

Only licensed attorneys or accredited representatives can represent you in court.

3. Lying or Hiding Information

Immigration judges have access to extensive databases. One lie can disqualify all relief.

4. Traveling Outside the U.S.

Leaving may trigger a 3 or 10-year bar from returning.

5. Working Without Authorization

Can impact eligibility for certain defenses.

6. Ignoring Criminal Charges

Even minor arrests can become major immigration problems.

If ICE Comes to Your Door

Remember:

  • Ask for a warrant signed by a judge

  • Don't open the door without seeing a judicial warrant

  • Remain silent about your status

  • Don't sign anything

  • Contact an attorney immediately

Prepare Your Family:

  • Have an emergency plan

  • Designate caregivers for children

  • Keep important documents accessible

  • Save attorney contact information in multiple places

Building Your Defense: What Judges Consider

Positive Factors

  • Length of residence in the U.S.

  • Family ties (especially U.S. citizen children)

  • Employment history

  • Property ownership

  • Community involvement

  • Military service

  • Rehabilitation from past mistakes

Negative Factors

  • Criminal history

  • Immigration violations

  • Failure to pay taxes

  • Lack of ties to the U.S.

  • Security concerns

The Court Process: What to Expect

Master Calendar Hearing (First Appearance)

  • Verify your address

  • Receive charges against you

  • Request time to find an attorney

  • May take 5-10 minutes

Individual Hearing (Merit Hearing)

  • Present your defense

  • Testify under oath

  • Present witnesses and evidence

  • Can last 2-4 hours

Decision

  • Judge may decide immediately or mail decision

  • If denied, you have 30 days to appeal

Why You Need an Attorney NOW

Immigration Court Statistics:

  • With attorney: 5 times more likely to win

  • Without attorney: 90% ordered deported

  • Appeals: Nearly impossible without legal help

An Attorney Can:

  • Identify all possible defenses

  • Gather supporting evidence

  • Prepare you for testimony

  • File necessary applications

  • Negotiate with ICE attorneys

  • Handle appeals if needed

Special Considerations

If You Have U.S. Citizen Children

  • Their hardship is considered

  • Prepare evidence of their needs

  • Consider their educational and medical requirements

  • Document your role as provider and caregiver

If You Fear Returning Home

  • Start documenting country conditions

  • Gather evidence of past harm

  • Connect with human rights organizations

  • Consider psychological evaluation

If You Have Criminal History

  • Not all convictions trigger deportation

  • Some convictions can be challenged

  • Post-conviction relief may be available

  • Rehabilitation matters

Take Action TODAY

Every day matters in deportation defense. The longer you wait, the fewer options you have. Here's what to do right now:

  1. Stop reading and call an immigration attorney

  2. Schedule an emergency consultation

  3. Bring all your documents

  4. Be completely honest about your situation

  5. Follow your attorney's advice exactly

Don't Face This Alone

Deportation proceedings are complex, frightening, and life-changing. But you don't have to navigate them alone. With experienced legal representation, many people facing deportation find ways to remain in the United States legally.

Your life in America doesn't have to end. Call us immediately at [PHONE] for an emergency consultation. We offer:

  • Same-day emergency appointments

  • Payment plans available

  • Experienced deportation defense

  • Bilingual staff

  • Confidential consultations

Time is running out. The government has attorneys working to deport you. You need someone fighting just as hard to protect your right to stay.

Call +1 (206) 590 11 22 now or contact us online for immediate help.



 
 
 

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