How removal proceedings start
Most deportation cases begin when the Department of Homeland Security issues a Notice to Appear (Form I-862) and files it with an immigration court. The notice lists the reasons the government says you are removable, for example overstaying a visa, entering without inspection, or a criminal conviction. It also tells you where and, usually, when your first hearing will take place.
Your first appearance is a master calendar hearing, where the judge reviews the charges and schedules the case. If you apply for relief, the case moves to an individual hearing, where you present evidence and testimony.
Never miss a hearing
If you don't appear, the judge can order you removed in absentia, meaning in your absence. Keep your address updated with the court and with immigration authorities, check your hearing information regularly, and tell your attorney about any change at once. If an order was already issued in your absence, a motion to reopen may be possible in some situations, but deadlines are strict.
Common forms of relief
What you qualify for depends on your history, family and how you entered the U.S.:
- Cancellation of removal for permanent residents: generally for green card holders with at least five years as a permanent resident and seven years of continuous residence after admission, who have not been convicted of an aggravated felony.
- Cancellation of removal for non-permanent residents: generally requires 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 protection under the Convention Against Torture: for people who fear persecution or torture in their home country. Asylum generally must be filed within one year of arrival, with limited exceptions.
- Adjustment of status: some people can apply for a green card in court, for example through a U.S. citizen spouse.
- Voluntary departure: leaving at your own expense by a set date, which avoids a formal removal order.
If someone is detained
When ICE detains a family member, time matters. Find out where they are held, collect their identity and immigration documents, and contact an attorney. Depending on the case, release on bond may be possible through a bond hearing before an immigration judge.
Your rights
You have the right to remain silent and the right to speak to a lawyer. Do not sign documents you don't understand, and do not carry or present false documents. You have the right to be represented in immigration court, but the government does not provide a lawyer for you.
After a decision
You can appeal an immigration judge's decision to the Board of Immigration Appeals. The appeal must generally be filed within 30 days of the decision. Read our guide to facing deportation for a step-by-step checklist.
