What To Know If You Have a Deportation Case

If you or someone you care about is facing deportation, you may feel scared, confused, or unsure of what to do. You are not alone. There is help available, and you have rights.

This article gives a big-picture view of what can happen in a deportation case. 

• Every case is different, and what happens in your case will depend on your situation. 
• Below, we explain some of the different ways a deportation case can go.

You have rights even if you are undocumented. If you have a case in immigration court, you have the right to:

• Get a free interpreter if you don't speak or understand English well.
• Ask for more time to find a lawyer.
• Talk to a lawyer and, if you have one, have the lawyer represent you in court.
• Apply for legal permission to stay in the United States (called relief).

What happens in a deportation case?

A deportation case (also called a removal case) is when the U.S. government tries to remove a person from the country. This may happen quickly, without a chance to talk to a judge. Or, you could have a court case that goes on for years.

Deportation cases happen for different reasons.

A deportation may begin when the government believes you do not have legal permission to stay in the United States. For example, they may believe that you:

• Entered the United States without permission.
• Stayed after your visa or other permission to be here ended.
• Had legal status, but did not follow the rules required to keep the status.

You may also have a deportation case if you came to the United States to apply for asylum (protection from harm in your home country).

Many cases go through immigration court.

If your case goes to immigration court:

• It usually starts with a paper called a "Notice to Appear." Learn more about your "Notice to Appear" here.
• You will go to court and talk about your case to a judge. This is called a hearing. 
• You may have more than one hearing.
• You may be able to apply to stay in the United States.
• The judge will decide whether you can stay or must leave the country.

// What to expect in immigration court.

Important: The government will not give you a free lawyer. You must find one yourself. But help is available.

Find free or low-cost immigration legal help in Oregon

Some deportations happen without a court hearing.

• In some cases, the government can order someone deported without letting them talk to a judge. 
• These are called expedited removal or administrative removal cases. 

This can happen if:

• You recently entered the United States and can't prove you've been here for two years.
• You were convicted of certain crimes and are not a green card holder or U.S. citizen.

Learn more about these rapid deportations and your rights if it happens to you. 

The process is different if you are in a detention center

You may be allowed to live at home during your case, attend your hearings at an immigration court, and have family or supporters come with you.

Or, you may be held in immigration detention and go to court by video or inside the detention center.

• Some people are released from detention after their first court hearing.
• Others are detained for the whole process.

Learn more in our article, "What Happens After an Immigration Arrest."

What you can do now

• Go to all of your court hearings, even if you don't have a lawyer yet.
• Ask the judge for more time if you need a lawyer or interpreter.
• Keep all papers in a safe place, especially your Notice to Appear.
• Get legal help as soon as you can. Free and low-cost legal help is available.

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