How do I know if I’ve been deported?

Perhaps the biggest fear among non-citizens is being deported or removed. Deportation can be like a death sentence to a person’s American dream. They face the prospect of being removed from the US and returned to their home country, perhaps never to be able to return to the US again.

Having a deportation order on your record can also greatly affect your ability to legalize your immigration status if you now have a way to apply. For example, a person is now married to a US citizen who petitioned for them. Or, they have a US-born child who has reached 21 years of age, who can also petition the person. Or, years ago they were petitioned by an employer or family member, their priority date is finally current and they are eligible for their green card.

However, if a person has an existing (or outstanding) deportation order, they cannot file for adjustment of status with the US Citizenship and Immigration Services (USCIS). This is because USCIS would not have “jurisdiction” on the adjustment of status application, as the case is still technically with the immigration court. In those circumstances, where a person improperly files an adjustment with USCIS, USCIS would typically deny the adjustment application because USCIS lacked jurisdiction.

However, under the Trump administration, if the person appears for an adjustment interview, the US Immigration and Customs Enforcement (ICE) agents could be waiting to pick them up and take them straight to the airport because they already have a final deportation or removal order.

So, you can see how important it is to know whether or not you were deported. But how can you find out about your immigration record?

By way of background, it is not that unusual for people to be totally unaware that they had been ordered deported years ago. For example, in the past, some people applied for political asylum through the help of a fixer or immigration consultant for the purpose of obtaining work authorization. They may have been able to obtain work authorization, but the immigration was having all the notices sent to the consultant’s address, not to the person’s address. In many cases, deportation papers would be served, but the consultant never told the person.

In other situations, a person may have moved but did not advise the US Department of Homeland Security (DHS) of the new address, and therefore notices were sent to their old address.

A hearing date could have been set in immigration court, but the person never showed up because they were not aware of any hearing. Nevertheless, the hearing went forward, and the person was ordered deported in absentia, or in their absence. As a result, they now have a deportation order on their record, preventing them from legalizing their status unless something is done to eliminate that deportation order.

Here is a quick way or shortcut to find out if you have been ordered deported or your immigration status:

Go to Google and type in the phrase “EOIR case status.”

Usually the first hit is “EOIR automated case information.”

Click that link, and it brings you to the immigration court case status window Automated Case Information

You are then asked to enter your A-Number, which is like a Social Security number but in connection with your immigration matters. As the Executive Officer for Immigration Review (EOIR) states, the A-Number begins with the letter “A” and is followed by an 8- or 9-digit number. This number is printed in all DHS and EOIR correspondence. If your A-Number has 9 digits, please enter those numbers. If your A-Number has 8 digits, please enter a zero followed by the eight digits. Do not enter the letter “A.”

After you type in your A-Number and hit enter, it will provide case status.

If you do not have an immigration court case, the response would typically be, “No case found for this A-Number,” which is good, meaning you have not been ordered deported.

If you do have an immigration court case, it will show the case status, whether it is a decision issued, an upcoming hearing date, etc. For this particular example, the A-Number indicates that the immigration judge GRANTED an application. As an attorney, I would want to get a copy of the file to determine what application was granted and how this may affect the person’s immigration future.

If you have an alien number and you’re not sure of your current immigration status in terms of deportation orders, you may want to input your A-Number. If it turns out you have been put in immigration proceedings, you should definitely consult with an immigration attorney before filing any new or additional petitions or applications with USCIS to make sure you’re not endangering yourself and, more importantly, whether something can be done to cure the problem.

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