Deportation

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The definition of deportation as given by the United States Citizenship and Immigrations Services (USCIS formerly INS) is - the formal removal of an alien from the United States when the alien has been found removable for violating the immigration laws.  An immigration judge orders deportation without any punishment being imposed or contemplated.  Prior to April 1997 deportation and exclusion were separate removal procedures.  The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 consolidated these procedures.  After April 1, 1997, aliens in and admitted to the United States may be subject to removal based on deportability.  Now called Removal, this function is managed by U.S. Immigration and Customs Enforcement.

Deportation of immigrants and other individuals may result as a consequence for entering the United States illegally.  You can also be deported if you are not a citizen and have committed a serious crime.

Common topics related to US Immigration and deportation include:

  • Citizenship
  • Naturalization
  • Green Card
  • Temporary Visas
  • Work Visas
  • Student Visas
  • Resident Aliens

The following are some definitions used by the USCIS concerning deportation:

Stay of deportation of excluded alien - The district director in charge of the port of arrival may stay the immediate deportation of an excluded alien under such conditions as he or she may prescribe.

Notice to surrender for deportation - An alien who has been finally excluded may surrender at any time himself or herself to the custody of the Service and shall surrender to such custody upon notice in writing of the time and place for his or her surrender.  The Service may take the alien into custody at any time.  An alien taken into custody either upon notice to surrender or by arrest shall not be deported less than 72 hours thereafter without his or her consent thereto filed in writing with the district director in charge of the place of his or her detention.  An alien in foreign contiguous territory shall be informed that he or she may remain there in lieu of surrendering to the Service.  However, he or she will be deemed to have acknowledged the execution of the order of exclusion and deportation in his or her case upon his or her failure to surrender at the time and place prescribed.

Final order of deportation – An order of deportation, including an alternate order of deportation coupled with an order of voluntary departure, made by an immigration judge in proceedings shall become final upon dismissal of a deportation appeal by the Board of Immigration Appeals.  This also applies upon waiver of appeal, or upon expiration of the time allotted for an appeal when no appeal is taken; or, if the Board issues such an order or approved by the Board upon certification.  It shall be final as of the date of the Board's decision.

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