Receiving a Notice to Appear (NTA) in immigration court is one of the most frightening experiences a person can face. The prospect of being separated from your family, your job, and the life you have built in the United States is overwhelming. But it is critical to understand that being placed in removal proceedings does not mean deportation is inevitable. You have rights, and there may be legal options available to you.
At Give Me Color, our immigration attorneys in Lake Worth Beach have successfully defended clients facing deportation through every available avenue of relief. This guide explains what you should know and what steps you can take to protect yourself.
Stay Calm and Take It Seriously
If you receive an NTA or learn that Immigration and Customs Enforcement (ICE) is looking for you, do not panic — but do not ignore the situation either. Missing a court hearing can result in an automatic deportation order issued in your absence, known as an in absentia order. Once that order is entered, it becomes significantly harder to reopen your case.
Write down every detail you can: the date, time, and location of your hearing, the name of the officer who served you, and any charges listed on the NTA. Then contact an immigration attorney immediately.
Your Right to an Attorney
Unlike criminal proceedings, the government is not required to provide you with a free attorney in immigration court. However, you absolutely have the right to hire an attorney at your own expense, and the immigration judge must give you a reasonable opportunity to find one.
Studies consistently show that having legal representation dramatically improves outcomes in removal proceedings. According to research from the American Immigration Lawyers Association, individuals with attorneys are significantly more likely to be granted relief from deportation than those who appear without counsel.
If cost is a concern, there are legal aid organizations and pro bono programs that may be able to help. But if your case involves any degree of complexity — and most do — retaining an experienced immigration attorney is the single most important step you can take.
Types of Relief from Deportation
Depending on your circumstances, several forms of legal relief may be available. Your attorney will evaluate which options apply to your specific situation.
Cancellation of Removal
Cancellation of removal is available to certain individuals who have been physically present in the United States for a continuous period and can demonstrate that their removal would cause "exceptional and extremely unusual hardship" to a qualifying U.S. citizen or permanent resident relative, such as a spouse, parent, or child. For lawful permanent residents, the requirements differ: you generally need at least five years of permanent residence and seven years of continuous physical presence.
Asylum
If you have suffered persecution or have a well-founded fear of future persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. Asylum applications filed as a defense in removal proceedings do not have the same one-year filing deadline that applies to affirmative asylum applications, though you must still demonstrate eligibility.
Adjustment of Status
In some cases, individuals in removal proceedings may be eligible to adjust their status to lawful permanent resident if they have an approved immigrant petition (such as a family-based I-130) and a visa is immediately available. The immigration judge can grant adjustment of status as a form of relief from removal.
Withholding of Removal and Convention Against Torture (CAT)
If you cannot meet the standard for asylum, you may still qualify for withholding of removal if you can demonstrate that it is "more likely than not" that you would be persecuted upon return to your home country. Protection under the Convention Against Torture (CAT) is available if you can show that you would likely face torture by or with the consent of government officials.
Voluntary Departure
In some situations, requesting voluntary departure may be the best strategic option. Voluntary departure allows you to leave the United States on your own terms within a specified period, avoiding a formal removal order on your record. This can preserve your ability to apply for visas or reentry in the future.
Bond Hearings: Getting Released from Detention
If you have been detained by ICE, you may be eligible for a bond hearing before an immigration judge. At this hearing, the judge will determine whether you can be released on bond while your case proceeds. The judge considers factors including:
- Whether you are a flight risk (likely to miss future hearings)
- Whether you pose a danger to the community
- Your ties to the community, including family, employment, and length of residence
- Your immigration history and any prior violations
Bond amounts in immigration cases typically start at $1,500 but can be set much higher depending on the circumstances. Having an attorney present at your bond hearing significantly increases your chances of being released.
What NOT to Do
When facing deportation, certain actions can permanently damage your case:
- Do not ignore the NTA or miss your court date. An in absentia removal order is extremely difficult to overturn.
- Do not sign any documents you do not fully understand, especially voluntary departure agreements or stipulated removal orders, without consulting an attorney first.
- Do not lie to immigration officials. Fraud or misrepresentation can permanently bar you from receiving immigration benefits.
- Do not flee or attempt to evade ICE. This will only make your situation worse and may result in criminal charges.
- Do not rely on advice from non-attorneys. Immigration law is extraordinarily complex, and well-meaning friends or unlicensed "notarios" can give advice that destroys your case.
How Give Me Color Can Help
Deportation defense requires an attorney who understands both the legal intricacies and the human stakes involved. Our immigration defense team at Give Me Color provides:
- Thorough case evaluation to identify every possible form of relief
- Representation at bond hearings to fight for your release from detention
- Preparation of all applications, evidence packages, and supporting documentation
- Courtroom advocacy before immigration judges in South Florida
- Appeals to the Board of Immigration Appeals (BIA) if your case is denied
- Clear, compassionate communication in English and Spanish throughout the process
We have seen firsthand how the right legal strategy can change the outcome of a deportation case. Families stay together. People keep their jobs. Lives continue.
If you or a loved one is facing removal proceedings, time is critical. Contact Give Me Color today for a confidential consultation. We are ready to fight for you.