Immigration is something many people aspire to and those who are in the United States understand the life that is possible. However, deportation is possible for a number of different reasons. Deportation generally takes place for either constitutional or criminal reasons. Legal immigrants could face deportation based on criminal actions or because they overstayed their visas. Here are some of the consequences of deportation.

Deportation Process

The deportation process can be lengthy and complicated. The Department of Homeland Security (DHS) oversees the removal procedure through its ICE (Immigration and Customs Enforcement) division. You will be served with a Notice to Appear (NTA). This hearing is in front of an immigration judge. If you have a legal basis for staying in the U.S., you must present it for review. If you have no defense, or fail to appear, you will be subject to an automatic removal. You may be able to legally fight deportation.

Fighting Deportation

There are ways to legally fight a deportation. You may be able to appeal through a hearing. If you have lived in the U.S. for more than 10 years, you could be eligible for a cancellation of removal. Otherwise, you may be able to prove marriage or asylum. A merits hearing allows you and your attorney to present your case for further review. You may provide witnesses, exhibits, and other pertinent documentation.

Consequences on Families

Families with children have a lot to lose if deportation happens. If parents are deported, they could be separated from their children. Children born in the United States, even to immigrant parents, are citizens. Therefore, the children could legally be citizens while their parents could be in the U.S. on visas or illegally. Deportation only applies to those who are here improperly or illegally. Therefore, removal could cause families to be broken apart and may be emotionally damaging to children.

Additional Consequences

Fighting deportation can take a lot of time and energy. It can be a very stressful time for families as they begin going through the removal process. Because the process can take some time to complete, the person is in legal limbo while he or she waits to see what will happen. Depending on the reason for deportation, the person may not be allowed back into the United States for a period of time, if ever. If you or a member of your family is facing possible removal, contact an experienced immigration attorney as soon as possible. With help from your lawyer, you may be better able to succeed in stopping deportation.

This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Consequences of Deportation, or other Immigration Law matters, please feel free to contact Phil D. Ortega at  480.461.5330, log on to udallshumway.com,  or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.