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Facing deportation can be a stressful and traumatic experience for a noncitizen. In this climate, many people are rightfully concerned that they may be subject to this process. However, should you find yourself in this situation, there are concrete steps you can take to help prepare for detention and deportation. Making a general plan of action will at least give you the ability to inject some order into what may feel like a chaotic experience. Creating a general plan of action will depend on your specific situation, which is why it is important to understand your immigration status.
Nonimmigrant With Removal Order
If you already have a removal order in place that will eventually lead to your detainment and deportation, and you do not have any available form of relief, then your best plan of action is to prepare for your eventual departure. Aside from tending to family matters, such as making arrangements related to minor children or elderly parents, you will also need to manage your assets.
Physical Assets
When your deportation is imminent, one of the main things you must do is determine how to handle all your assets. Real estate, for example, is an important asset to consider. If you own property, you will need to decide whether to put it up for sale, or transfer ownership to a loved one. Some of the other assets that will require a plan of action include the following:
- Car
- Boat
- Jewelry
- Furniture
- Electronics
- Collectibles
Financial Assets
You should also prepare to close out your financial affairs as soon as possible. Not only will you need money at your disposal once you are removed, but you will also need to ensure that your loved ones who remain in the U.S. have access to your funds. Some of the financial assets that must be dealt with beforehand include the following:
- Bank accounts
- Stocks / bonds / other investments
- 401(k) / IRA / other retirement accounts
- Insurance policies
- Patents / copyrights
Power of Attorney
Establishing a power of attorney in the U.S. is also a wise plan of action for noncitizens. This legal document will allow you to designate someone you can entrust to manage your family and financial affairs and render important decisions on your behalf. Having the power of attorney means that the person you choose can make decisions related to your minor children, financial accounts, properties, and other critical areas of your life. This person can also request and sign legal documents in your place.
Nonimmigrant Without Deportation Order
A plan of action may differ for a nonimmigrant who has never been in removal proceedings but who may possibly be detained. If this is your situation, it is necessary to determine whether any form of relief is available to you. This includes assessing whether you are eligible for cancellation of removal for non-Lawful Permanent Residents, whether you have a strong asylum case, or whether you have been the victim of a crime.
Lawful Permanent Resident With Criminal History
If you’re a Lawful Permanent Resident with a criminal background, there are certain waivers that may be available to you. These include cancellation of removal, a waiver under Section 212(c), a waiver of inadmissibility, and a provisional unlawful presence waiver based on the hardship your loved ones may face in your absence.
Contact Us for Help
If you’re facing possible detainment and deportation, an experienced immigration attorney can assess your case and determine the best plan of action based on your specific situation. Contact U.S. Immigration Law Counsel for a strategy session to discuss your case, or if you have questions regarding another immigration legal matter.
