Navigating deportation and removal proceedings can be overwhelming, but knowing your rights is essential. The primary agency responsible for immigration enforcement is U.S. Immigration and Customs Enforcement (ICE), while U.S. Citizenship and Immigration Services (USCIS) manages matters like visa and green card processing. Migrants involved in legal proceedings can present their cases before the Executive Office for Immigration Review (EOIR), the immigration court system. These agencies play a critical role in your case, and consulting with an experienced immigration lawyer can help you navigate the process.
Who Can Be Removed from the United States?
Deportation is often associated with individuals who cross the U.S. border illegally or overstay their visas, but removal can apply to many other non-citizens. Any individual who violates the terms of their visa—including tourists or students not enrolled full-time—may face deportation. Even green card holders can be removed if they violate immigration laws, such as committing certain criminal offenses or remaining outside the U.S. for extended periods without authorization.
What to Do if You Are Facing Deportation
Non-citizens facing deportation have rights under the U.S. Constitution. Both the Fifth Amendment and the Fourteenth Amendment guarantee that no person—regardless of legal status—can be deprived of life, liberty, or property without due process of law.
If immigration authorities initiate removal proceedings against you:
- Do not sign any documents you do not fully understand. Officials may try to expedite deportation by getting individuals to sign agreements for voluntary departure without a hearing.
- Insist on your right to a hearing if you believe you have the legal right to remain in the U.S.
- You have the right to an immigration lawyer to help build your defense and navigate the process.
An immigration lawyer can assist with completing the necessary paperwork, avoiding procedural mistakes, and ensuring your case is presented properly. Although the process may feel overwhelming, an experienced lawyer will protect your rights and guide you through every step.
How an Immigration Attorney Can Help
An immigration attorney will carefully review the charges brought against you by the Department of Homeland Security (DHS) and explore all possible defenses. Depending on your circumstances, the attorney may:
- Challenge false allegations or legal errors.
- Prove that you are a U.S. citizen if the charges are incorrect.
- Demonstrate that you qualify for asylum based on fear of persecution in your home country.
- Petition for a green card if you have an immediate U.S. citizen relative.
Lawyer Referral Service of Central Texas (LRS)
Immigration laws are complex, and the right course of action may not always be obvious, even after researching on your own. Since 1966, LRS of Central Texas has provided trusted referrals to qualified immigration attorneys. Our rigorous vetting process ensures you are matched with a knowledgeable and experienced professional who will represent your best interests.
If you need legal assistance, contact us today for a referral to a licensed immigration attorney. Se habla español.
