FAQs Of Being Detained After Illegally Re-Entering The Country
After being deported from the United States, it is imperative that you do not attempt to re-enter without legal permission. However, if you did illegally re-enter the country and you have been detained, you could face deportation again. If you have been detained, here is what you need to know.
What Are the Penalties?
One of the most obvious penalties for re-entering the country illegally is to be deported. Unfortunately, you could also be subject to other consequences, depending on the facts of your case.
For instance, if you were allowed to voluntarily leave the country in the past after being ordered to be removed, you could face a fine and imprisonment. By returning to the country, you are violating the original order issued by the court.
You could also face prison and a fine if you are convicted of an aggravated felony or you have committed a serious misdemeanor. Serious misdemeanors usually involve drugs or crimes against other people, such as assault.
What Are Your Options?
Depending on the situation, it might be possible to fight being deported. In most instances, the original order of removal is honored and the person is deported to his or her home country. However, you can fight the reinstatement or the enforcement of the order in some situations.
For instance, if you were not at the original deportation hearing, you could argue that you were not allowed to present your case. In this instance, the court could agree and allow you to remain until a proper deportation hearing can be held. Your immigration attorney can file for an application for a visa or green card in the meanwhile.
You can also apply for asylum. In order to be granted asylum, you have to prove that you are fearful of returning to your home country because your life would be in danger.
Your attorney could also argue that the original order that was issued was unfair. For instance, if you had lived in the country for 20 years, worked and paid taxes, your attorney could argue that you should be allowed to stay because you have proven to be a good citizen.
The best way to determine whether or not you have options available in your particular case is to consult with an immigration attorney. He or she can assess your situation and the law and determine what actions you can take to possibly avoid deportation.
For professional legal help, contact a law firm such as Kriezelman Burton & Associates.