Deportation: Frequently Asked Questions

The following questions and answers are based on those frequently posed to the Attorneys and staff at Chávez & Associates, P.C., L.L.O. We generously share this information as a courtesy to our clients and the immigrant community.

Should you have questions that are not addressed in this FAQ section, please contact us for professional and personalized legal counsel.

Q. If I am taken into INS custody am I eligible for a bond?

A. It depends on the situation. Certain criminal aliens are not eligible to be released on bond. Eligible individuals can request a bond hearing to have the Immigration Judge set a bond amount.

Q. When will I be released from INS custody?

A. If the individual is eligible for a bond they will be released after the bond is posted. Typically the individual is not released the same day bond is set. Generally an individual will be released the next day after bond is posted.

Bonds should be posted at the INS District Office having jurisdiction over the individual. The INS should be contacted about posting the bond. The INS will then prepare the bond paperwork. The individual will not be released until the bond is posted.

Q. When will INS deport me?

A. It depends to what country the individual is being deported. After a deportation order is issued, it is necessary for the INS to make arrangements to transport the individual. Our office can contact the INS to obtain an estimate on the deportation on the individual.

Q. Am I allowed to travel outside the United States while I am under Immigration Proceedings?

A. No. Individuals are not allowed to travel outside the United States while they are under Immigration Proceedings.

If an individual is under proceedings and they do depart, they may not be allowed to enter the United States upon their return. If an individual departs while they have an appeal pending with the BIA, they are deemed to have abandoned their appeal.

Q. Am I allowed employment authorization while I am under proceedings?

A. This will be evaluated on a case-by-case basis. Generally, if the individual has filed an application for relief they can also apply for employment authorization. The INS will grant employment authorization until the individual’s next immigration hearing.

Lawful permanent residents who are under proceedings do not lose their permanent resident status. They can be issued a temporary resident card that will indicate they have permission to work.

Q. If I have an attorney represent me, do I need to attend my immigration hearing?

A. Yes. Individuals are always required to be present at their immigration hearings. Failure to appear at a hearing will result in a deportation order. The only instance in which an individual is not required to appear if is the Immigration Judge grants a request to waive appearance.

Q. How long will I be under Immigration proceedings?

A. It depends on each case and the docket of the Immigration Court. It is extremely difficult to predict how long an individual will be under proceedings. Complex issues can often arise that will complicate and prolong proceedings.

Q. How long will it take for me to be scheduled for an Immigration Hearing?

A. It depends on the Court’s docket and the Court’s processing of the Notice to Appear. Recently, it has taken up to three weeks for an individual to have their first detained hearing. If the individual is not detained it can take a few months until the individual is scheduled for a hearing.

Q. If the Immigration Court with jurisdiction over Nebraska is in Chicago, Illinois, do I need to travel to Chicago for my hearing?

A. No. The Court is located in Chicago, Illinois, but also sits in Council Bluffs, Iowa. The Immigration Judges will appear in person and via telephone for hearings. Currently, three judges travel to Council Bluffs, Iowa for hearings. Each judge will typically travel to Council Bluffs, Iowa about once a month. Hearings in Council Bluffs, Iowa are held at the U.S. District Courthouse at 6th & Broadway.