You got a letter from the government. Or maybe ICE showed up at your door. Either way, you’re holding a document that says the United States wants to remove you from the country.
Take a breath. A deportation notice does not mean you are going to be deported. It means the government is starting a legal process, and in that process, you have rights, you have options, and in many cases there are defenses that can keep you here. But you have to act, and you have to act quickly.
This guide explains exactly what a deportation notice is, what your rights are, what defenses might apply to your situation, and what steps to take right now. I’ve been defending immigrants in removal proceedings for over 15 years. My team at Godoy Law Office has handled thousands of deportation defense cases. This is what we do every single day.
Let’s break this down.
A Notice to Appear, or NTA, is the formal document that starts removal proceedings in immigration court. It’s issued by the Department of Homeland Security (DHS), which includes agencies like ICE, CBP, and USCIS.
The NTA lists the charges against you, the factual allegations (who you are, when you entered the U.S., your current immigration status) and the legal grounds the government is using to try to remove you.
Here’s what the NTA does NOT do: it does not order your deportation. It does not mean you have to leave immediately. It means the government is saying, ‘We believe you are removable, and we are taking your case to an immigration judge.’ The judge is the one who makes the final decision, not ICE, not the officer who handed you the notice. And before the judge makes that decision, you get to present your case.
There are many reasons someone might receive an NTA. Some of the most common ones we see at our office:
Sometimes people receive NTAs for things they didn’t even realize were a problem, a decades-old misdemeanor they thought was dismissed, or a clerical error on a form filed years ago. Regardless of why you got the notice, the response is the same: take it seriously and get a lawyer.
The sooner you have legal representation, the more options are available to you. Call Godoy Law Office at 630-345-4164 for an urgent consultation.
This is critical. Even if you are undocumented, even if you have a criminal record, even if you’ve been in the U.S. for one day, you have legal rights in removal proceedings.
You have the right to be represented by a lawyer in immigration court. Unlike criminal court, the government will not provide you with a free attorney; you are responsible for finding and paying for your own legal representation. But you absolutely have the right to one, and the judge cannot proceed until you’ve had a reasonable opportunity to find counsel.
At your first court hearing (called a master calendar hearing), the judge will ask if you have an attorney. If you don’t, the judge will typically give you time to find one. Use that time. Do not try to represent yourself in immigration court. The stakes are too high.
You can submit documents, call witnesses, and testify on your own behalf. You can present evidence of your ties to the community, your family relationships, your employment history, your good character, and anything else that supports your case.
If the immigration judge orders your removal, you have the right to appeal that decision to the Board of Immigration Appeals (BIA). You typically have 30 days to file. In some cases, you can also seek review from a federal circuit court after the BIA decision.
The NTA must specify the factual basis for removal and the legal grounds. You have the right to understand exactly what the government is alleging and to respond to each charge.
⚠️ Every hour matters in a deportation case. The sooner you have legal representation, the more options are available to you. Call Godoy Law Office at 630-345-4164 for an urgent consultation.
The right defense depends on your specific circumstances, your immigration history, your family situation, your criminal record (if any), and how long you’ve been in the U.S.
If you’ve been continuously present in the U.S. for at least 10 years, have good moral character, and can show that your removal would cause exceptional and extremely unusual hardship to a qualifying U.S. citizen or permanent resident family member, you may qualify for cancellation of removal. If granted, you receive a green card. For lawful permanent residents, a separate version requires 7 years of continuous residence and 5 years as a permanent resident.
If you’ve experienced persecution or have a well-founded fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion, you may be eligible for asylum. Asylum can be raised as a defense in removal proceedings even if you didn’t apply before receiving the NTA.
In some cases, if you’re eligible for a green card (for example, through a qualifying family relationship), you may be able to apply for adjustment of status while in removal proceedings. The immigration judge can adjudicate certain adjustment applications.
Not a win in the traditional sense, but strategically important. Voluntary departure allows you to leave the U.S. on your own terms within a specified time frame, without a formal removal order on your record, meaning you won’t face the same re-entry bars that come with deportation.
In some cases, the government’s attorney may agree to terminate or administratively close your case. This is more likely when you have strong ties to the U.S. (long residence, U.S. citizen family, no criminal record) and represent a low enforcement priority. Availability depends heavily on current enforcement priorities.
This is your first court date, an administrative hearing where the judge confirms your identity, goes over the charges, and asks whether you admit or deny the allegations on the NTA. Your attorney can enter an appearance, request a continuance, or identify the type of relief you’ll be seeking. These hearings are usually quick, sometimes just 10 minutes.
This is the main event. Your attorney submits evidence, calls witnesses, and argues your case. The ICE trial attorney presents the government’s case and may cross-examine you and your witnesses. The judge evaluates all evidence and makes a decision, sometimes that day, sometimes in a written decision later. These hearings can last from a couple of hours to a full day, and complex cases can span multiple dates.
Yes. Lawful permanent residents can be placed in removal proceedings for certain criminal convictions, immigration fraud, abandoning permanent resident status, or other violations. However, permanent residents often have more defenses available than undocumented immigrants.
The immigration judge can order you removed in absentia, deported without getting to present your case. In absentia removal orders are very difficult to reopen, though it is possible in some circumstances if you can show exceptional circumstances or that you didn’t receive proper notice.
It varies enormously. Some cases are resolved in a few months; others take years. The immigration court backlog is significant, with some courts scheduling individual hearings 2 to 4 years out. While stressful, that time also provides opportunity to build a stronger defense.
It depends on your current immigration status. If you have a valid EAD or green card, you can continue working. Being in removal proceedings alone does not grant work authorization, however, applying for certain forms of relief (like asylum) may make you eligible.
Technically, ‘deportation’ was replaced by ‘removal’ in 1996 under IIRIRA. In practice, most people still use ‘deportation’ colloquially. When immigration lawyers and courts say ‘removal,’ they mean the same thing: being ordered to leave the United States.
Yes, the government can file a motion to reopen a previously closed case. If you receive such a notice, contact an immigration attorney immediately. You have the right to oppose the motion and argue why the case should remain closed.
If you or someone you love has received a deportation notice, do not wait. The sooner you have legal representation, the more options you have.
At Godoy Law Office, deportation defense is one of our core practice areas. We’ve represented thousands of immigrants in removal proceedings and know how immigration court works from the inside out. Our team includes attorneys with deep experience in asylum, cancellation of removal, and complex deportation cases.
We have offices in Oak Brook, Aurora, Berwyn, Elgin, Orland Park, and Waukegan. We serve the entire Chicago, Illinois area including DuPage, Cook, Kane, Will, and Lake Counties, and we handle deportation defense cases nationwide. Our team is bilingual.
⚖️ Call us at 630-345-4164 or click here to contact us and schedule an urgent consultation. Se habla español.
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🌐 Serving clients from 8 office locations:
Oak Brook • Waukegan • Elgin • Orland Park • Berwyn • Aurora • Joliet • Chicago (Beverly)
Immigration Attorney Mario Godoy has years of experience guiding clients with immigration issues through the immigration process along with guiding clients through the criminal case. Godoy focuses on family-based immigration law, business immigration law, removal defense, and criminal defense representation of immigrants. A criminal charge or conviction can be devastating to your immigration case. With over a decade of immigration law experience and memories of family members who were deported due to bad legal advice, Godoy is committed to helping other immigrant families receive the legal justice they deserve. As a legal entrepreneur who practices immigration law, criminal law, estate and probate law, and running two successful law firms, Mario Godoy understands the importance of keeping families together and making a home and future in America.
