Can a criminal conviction get me deported?
Some can. Federal immigration law lists categories of convictions that make a lawful permanent resident deportable, including certain drug offenses, crimes involving moral turpitude, firearms offenses, domestic violence offenses, and what the law calls aggravated felonies. Whether a particular California conviction falls into one of those categories depends on the exact code section and how the record of conviction reads, not on what the charge was called.
What happens if I missed my immigration court hearing?
If you did not appear, the judge most likely ordered you removed in absentia. That order can be reopened in two situations: you file a motion within 180 days showing your absence was due to exceptional circumstances, or you file at any time showing you did not receive proper notice of the hearing. Filing the motion pauses removal while the judge decides it.
Do I have to tell immigration when I move?
Yes. Federal law requires most non-citizens to report a change of address in writing within ten days of moving. If you are in removal proceedings, you must also update the immigration court separately, because notifying USCIS is not enough. Hearing notices sent to an old address are one of the most common reasons people end up with removal orders they never knew about.
Is there a deadline to apply for asylum?
Generally yes. An asylum application must be filed within one year of your last arrival in the United States. There are exceptions. If circumstances have changed in a way that materially affects your eligibility, or if extraordinary circumstances caused the delay, a judge or officer can still consider a late application. Unaccompanied children are treated differently under the statute.
Can I be released from immigration detention on bond?
Sometimes. An immigration judge can set bond for people who are eligible, but the law makes certain people subject to mandatory detention, usually because of specific criminal grounds, and a judge cannot release them on bond. Eligibility turns on immigration and criminal history rather than on the facility. A bond hearing is a separate proceeding from the removal case itself.
I already have a deportation order. Is anything still possible?
Possibly. Depending on how the order was entered and what has happened since, options can include a motion to reopen, a motion to reconsider, an appeal, or relief that only became available after the order was issued. If a criminal conviction is what caused the problem, it may also be possible to challenge that conviction in criminal court. Each path carries its own strict deadlines.
What is the difference between USCIS and immigration court?
They are two separate systems. USCIS is the agency that decides applications such as family petitions, green cards, work permits, and naturalization. Immigration court, which is part of EOIR, is where an immigration judge hears removal cases. Some people have matters pending in both at the same time, and what happens in one can directly affect the other.
Do I need a lawyer in immigration court?
You are not required to have one, and the government does not provide one. Unlike criminal court, there is no right to appointed counsel in immigration proceedings. If you cannot afford a lawyer, the court will give you a list of free and low-cost legal service providers, but it will not appoint an attorney for you. Hearings go forward either way.