What Happens If You Are In Removal Proceedings and Self-Deport Before Your Court Date?

There is a difference between deportation and voluntary departure from the United States. Non-citizens who have committed offenses that are deportable or who do not have the right to be in the country could find themselves in a dire situation if they are detained by Immigration and Customs Enforcement (ICE). While voluntary departure and deportation both result in a non-citizen exiting the country, the big difference is that with voluntary departure, there is the possibility of coming back to the United States. By contrast, a deportation can result in years of inadmissibility to the U.S. if not being permanently banned from entering the country.

If you are facing deportation orders, you may be unaware of your rights, feeling uneasy, and not sure what the right thing to do is. This is especially true as the current administration is pushing hard for mass deportation. The rules and modes of action seem to be changing rapidly, so it can be hard to keep up with everything.

Recently, it was reported that the Trump administration is considering paying non-citizens without legal status $1,000 to leave the country voluntarily. According to the Department of Homeland Security, individuals who choose this option can use the Customs and Border Protection Home App (CBP Home App) to report to the government that they will self-deport. As a result, ICE officials will deprioritize them.

If you would like help with deportation defense, you should speak with an attorney who can advise you on your rights and help you protect your interests. The Atlanta deportation defense lawyers at Shirazi Immigration Law, Inc. offer free initial consultations, during which you can meet with a seasoned legal professional to have your case reviewed.

Should You Self-Deport and Miss Your Court Date? 

Secretary Kristi Noem has assured non-citizens without legal status that self-deportation is the best and safest option. Sec. Noem indicates that not only is this the most cost-effective option, providing such non-citizens with both travel assistance and a stipend, but it will also give these individuals an opportunity to leave the country and avoid being arrested.

This new option presents a valid quandary for some non-citizens, especially those who are facing deportation. Although this offer by Homeland Security may seem appealing, non-citizens may have reason to stay in the country, and fighting their case in immigration court could be the best route to take. Specifically, those already in removal proceedings.

If you leave the country before your court date and you are in active removal proceedings it is possible to receive a deportation order. Doing so can mean losing accessibility for being granted various forms of relief, like asylum, for instance. Failure to show up to court can be determined as abandoning, which can come with attached consequences.

 Speak with an Atlanta Immigration Attorney Today

U.S. immigration laws are nuanced, complex, and ever-changing. What is right for your specific case may not be the correct approach for another case. Before making any potentially life-changing decisions, speaking with an attorney can be beneficial.

For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here to help.

Source:

cbp.gov/about/mobile-apps-directory/cbphome