Questions about deportation?

[nicoleantoinette0610]

My boyfriend was arrested and is awaiting someone from immigration to pick him up. I was wondering what is the process of this and if there is anything I can do to prevent him from being deported?

[Kolken]

Generally, for an individual to be "deported" the Government most first issue, serve, and file a Form I-862, Notice to Appear.

So what does that mean?

The I-862 sets forth the reasons why the Government wants to deport you, and the law that they are basing their charges. Once they type out the form (issue it) they must give a copy to the person they want to deport (serve it).

The form also tells you when and where you need to go for your deportation hearing (it is now called a removal hearing), or alternatively will say that you will receive a hearing notice in the mail at the address you gave the government.

In any event, once they have given you the form the Government must then file the form with the Immigration Court. Once the Court has the form they must schedule you for a hearing.

There may or may not be a way to prevent the deportation of your boyfriend depending on the facts.

[brezarenee]

You should contact a lawyer. It completely depends on why your boyfriend was arrested, but many times a lawyer can help. Some people on this site have been able to get voluntary departure instead of deportation, which is easier to deal with when you are trying to apply for a visa. Personally, of the cases I've heard, when an illegal immigrant is arrested, and handed over to immigration, they are almost generally always removed (whether deported or voluntary departure) from the US. Sorry, hopefully there's something about your situation that will make this not the case.