If you or your loved one was recently detained by ICE, you might be wondering how long the deportation process will take. The timing of a person’s deportation after an immigration arrest will depend on many personal factors. Our Orange County immigration attorneys break it down for you below.
Contributing Factors of Deportation Timing
Even if the person detained by ICE has no legal documents and is unmarried, there are other factors that may impact how long it will take for them to be deported to their country of origin. Here are some of the contributing factors:
- Whether they received a removal order in the past: If the person detained already had a removal order, immigration authorities will likely act on the previous order and will send them to their country of origin immediately.
- The length of time they spent in the United States: If the person detained recently entered the United States, they may be subject to immediate removal, also known as “expedited removal.” However, if the person detained has been in the U.S. for ten years or more and has had good moral character, they may qualify for “cancelation of removal” or a green card. First, they will need to go before an immigration judge.
- Whether they have a criminal record: If the person detained has a criminal record, they may be considered as a high priority for deportation.
- Whether they fear persecution: If the person detained will fear for their life if sent back to their home country, they can apply for asylum, withholding of removal, or Convention Against Torture relief before an immigration court.
Depending on the scenarios above, a person could be deported immediately or detained until they go before an immigration judge. If you or your loved one were detained by ICE, you need an experienced immigration attorney on your side.
Contact our Orange County immigration attorneys today at (949) 478-4963 to schedule a consultation!