¿How to stop a deportation order in the United States?

paola vanessa romero rondon
Jul 24
4 min read

If you have a deportation order against you in the United States, it is normal to feel fear and confusion. However, in many cases, there are still legal options that can help you stop the deportation and protect your rights.

In this article, we explain in a simple way what those options are, how they work, and what are the important deadlines you should keep in mind. Important: Every case is different. We recommend that you consult with an immigration lawyer before making any decision.

Motion to Reopen

It allows you to ask the court to reopen your deportation case, even if there is already a final order against you.

¿When can it be filed?

When new, important evidence or facts appear that were not known before.
If there are changes in immigration law or in your personal situation (for example, marrying a U.S. citizen, filing a new family petition, or changes in your country that justify applying for asylum).

Deadline to file

Within 90 days of the final order of deportation.
Exceptions: If you can prove special reasons (for example, in asylum cases).

Motion to Reconsider

It is used to ask the court to review its decision because there were legal errors or because the evidence was misinterpreted.

¿When can it be requested?

If the judge misapplied the law or misinterpreted the evidence in your case.
If there were recent changes in how the law is interpreted that could affect your situation.

Deadline to file it

Within 30 days of the final order.

Petition for immigration waiver (Waivers)

You can request an immigration waiver that allows you to stay in or legally re-enter the U.S.

Examples of waivers

I-601: Waiver for grounds of inadmissibility.
I-212: Permission to reapply for admission after being deported.

¿In what situations can it be requested?

If you have already left the country and want to re-enter legally.
If you have immediate relatives with legal status who would suffer extreme hardship if you are deported.

Administrative Closure

The court can suspend your deportation case without resolving it definitively.

When is it possible to request it?

If you have a pending family petition (like an I-130 or I-485).
If there are pending humanitarian issues.

Important note The use of administrative closure has changed depending on the presidential administration. Today it is possible to request it in certain cases.

Apply for Asylum, Withholding of Removal or Protection under CAT

If you fear being persecuted or tortured in your country, you can request protection even if you already have a deportation order.

Types of protection

Asylum: For persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Withholding of Removal: Mandatory protection, but with fewer benefits than asylum.
CAT (Convention Against Torture): Protection if there is a risk of torture.

When can it be requested?

Even if a deportation order already exists, as long as:

Circumstances have changed.
You have not had the opportunity to apply for it before.

Appeal before the Board of Immigration Appeals (BIA) or Federal Court

You can appeal the deportation order before the Board of Immigration Appeals (BIA).

Deadline to appeal

Within 30 days of the judge's order.

Additional options

If the Board of Immigration Appeals (BIA) denies your appeal, you can go to the Federal Circuit Court.

Other resources depending on the case

Depending on your situation, you might have access to other options:

Parole in Place: For spouses of military members.
DACA/DAPA: If you are eligible.
TPS (Temporary Protected Status): If your country is designated as eligible.
VAWA: If you are a victim of domestic violence and qualify for a petition under the Violence Against Women Act.

Each case is different. The options that apply to you depend on:

The reason for the deportation.
Whether or not you had a lawyer.
If you appeared at the hearings.
If new circumstances have arisen.

Time is key:

Some options have very short deadlines (30 or 90 days).
Do not hide or wait for ICE to execute the deportation.

Consult with a trustworthy immigration lawyer. Only an experienced professional can help you identify the best strategy for your case.

Frequently Asked Questions (FAQ)

What happens if I received a deportation order and did not go to the hearing?

If you did not attend, you may have options such as a motion to reopen due to lack of proper notice. It is key to act quickly.

Can I stop a deportation if I marry a U.S. citizen?

Yes, in some cases you can request the reopening of the case or administrative closure if a family petition is filed.

What options do I have if I fear returning to my country?

You can apply for asylum, withholding of removal, or protection under CAT, even with an existing deportation order.

Is it mandatory to have a lawyer for these proceedings?

It is not mandatory, but it is highly recommended. The proceedings are complex and a lawyer can make the difference.

¿Do you need a lawyer to help you get your papers in the United States?

At Inmigración Ok Abogados, we provide the help you need. We are a law firm with extensive experience in advising people like you to establish themselves legally in the country.

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Let us be part of your journey toward a better and safer life in the United States. Our team is ready to answer all your questions and guide you through every step of the process. And the best part is that the initial review of your case is completely free!

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