Deportation, also known as removal, is a legal proceeding in a U.S. administrative court to determine whether or not an immigrant may remain in the U.S. Immigrants cannot be deported from the U.S. without first being given a deportation hearing. Those found to be deportable are forced to leave the U.S., however, immigrants have the option to appeal their case. Those who are deported are barred from returning to the U.S. for at least five years, and at a maximum for their entire life, unless a special waiver is granted.
Q. What is a deportable crime?
A. Some simple misdemeanors, with no jail time are deportable offenses.
Q. How long does a deportation proceeding last?
A. It depends. The length of the deportation proceedings can last from
several months if the immigrant is in custody, to several years if the immigrant is out of custody.
Q. Can an immigrant leave the U.S. while in deportation proceedings?
A. In most cases an immigrant may not leave the U.S. while in deportation proceeding.
Q. If a judge orders deportation (removal from the U.S.) does the immigrant have to leave the country immediately?
A. After a judge orders deportation, the immigrant has 30 days to appeal the deportation order. If the immigrant decides not to appeal, then the INS will notify the immigrant to come to the deportation center at a given date and he/she will be deported then.
Q. Can a Legal Permanent Resident work while in deportation proceedings?
A. Yes. If the Legal Permanent Resident has applied for a relief, he/she can still work while in deportation proceedings.
Q. Can a non-permanent resident with a work authorization card work while in deportation proceedings?
A. Yes. If the non-permanent resident has applied for a relief, he/she can still work while in deportation proceedings.