Facing Deportation from the U.S.? What to Do Now

Receiving a deportation notice, or getting a call that a family member has been detained, is frightening. The most important thing to know is that most people have rights and options, and that what you do in the first days can change the outcome. This guide walks through the process and the decisions that matter most.

Step 1: Understand what you received

A Notice to Appear (Form I-862) means the government has started, or is about to start, removal proceedings against you in immigration court. It lists the charges against you and the court location. Check the hearing date and time carefully, and if it's missing or unclear, find out immediately.

A removal order means an immigration judge (or, in some fast-track procedures, an immigration officer) has already ordered you removed. There may still be options, such as an appeal or a motion to reopen, but deadlines are short.

Step 2: Never miss a hearing

If you don't appear at a scheduled hearing, the judge can order you deported in absentia, in your absence. Keep your mailing address updated with the immigration court and immigration authorities whenever you move.

Step 3: Know your rights

• You have the right to remain silent.
• You have the right to a lawyer in immigration court, but not at the government's expense. You must hire one or find free legal services.
• Do not sign documents you don't understand, especially anything agreeing to leave the country.
• Never present false documents.

Step 4: If ICE detains a family member

Find out where your relative is held. Collect their passport, identity documents, immigration papers and records of any criminal case. Contact an immigration attorney quickly: depending on the case, the attorney may be able to seek release on bond at a bond hearing before an immigration judge. If your relative is a Polish citizen, the Polish consulate can also provide consular assistance.

Step 5: Identify your defenses

An attorney will look at how and when you entered the U.S., your immigration history, your family members' status and any criminal record. Common forms of relief include:

• Cancellation of removal for green card holders: generally at least five years as a permanent resident and seven years of continuous residence after admission, with no aggravated felony conviction.
• Cancellation of removal for non-permanent residents: generally 10 years of continuous physical presence, good moral character, and exceptional and extremely unusual hardship to a U.S. citizen or permanent resident spouse, parent or child.
• Asylum, withholding of removal and Convention Against Torture protection: for people who fear persecution or torture. Asylum generally must be filed within one year of arrival.
• Adjustment of status: some people can get a green card while in proceedings, for example through marriage to a U.S. citizen.
• Voluntary departure: leaving by a set date at your own expense, which avoids a formal removal order.

Step 6: Understand the re-entry bars

Leaving the U.S., voluntarily or not, can have lasting consequences:

• 3-year bar: after more than 180 days but less than one year of unlawful presence, followed by departure.
• 10-year bar: after one year or more of unlawful presence, followed by departure. Removal after an immigration court hearing generally also carries a 10-year bar.
• Longer or permanent bars: for repeat removals and certain criminal convictions.

This is why it's important to get advice before you leave, even if you've decided to go.

Step 7: Appeals

If the immigration judge rules against you, you can generally appeal to the Board of Immigration Appeals within 30 days of the decision.

Get help now

Totu Legal represents clients facing deportation and explains every option clearly, in English or Polish. Learn more about our deportation defense services, call us, or book a free 15-minute case evaluation.