Will I be deported immediately if I’m in the U.S. illegally?

If you are caught in the United States without a visa or right to be in the county, then you could be deported. The process of deportation is not immediate. So, you won’t automatically be put on a plane and sent back to your home country.

There is a specific process for anyone caught in the U.S. who may be deported. There are several hearings that will take place. If you are found to be in the U.S. illegally after those hearings and aren’t granted the right to stay, then you will be deported at that point.

Understanding expedited removal

The expedited removal process is the fastest way to deport illegal immigrants. With this process, the expedited removal order can’t be appealed, but the individual facing it can ask the government to review the document and dismiss it.

Expedited removal orders are currently only used if a person has been in the United States for two weeks or less and if they are within 100 miles of the border. The idea is that these people have just arrived and are being removed back over the border since they are still nearby.

Deportation proceedings

If you have been in the U.S. for two weeks or longer and aren’t close to the border, then you will go through the usual deportation process. This can take many weeks or months.

With this process, U.S. Immigrations and Customs Enforcement (ICE) gives an individual a Notice to Appear at removal proceedings. This document will include information on why the government is seeking the person’s removal. The court date will be at least 10 days after the person receives the notice. In some cases, an arrest may be made. If that happens, the person has to seek bond.

Many individuals do represent themselves in the subsequent bond hearings, but you do have a right to council from this point on. It’s a good idea to talk to someone who understands the legal process you’re going through because there are options for seeking to stay in the U.S. A strong legal defense, such as proving a need for asylum or that you’re married to a U.S. citizen, could help you remain in the country.



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