People sentenced to deportation through an immigration hearing are generally not imprisoned in their home countries after they have been deported from the United States.
If You Have Committed an Aggravated Felony
If you are not a U.S. citizen through naturalization but you have lawful permanent resident status and committed an aggravated crime in the U.S., you will likely go through the judicial system before you are ordered to attend an immigration hearing in an immigration court. This hearing will dictate the length of your sentence. If you serve more than a year in jail for a crime such as theft, you will be eligible for deportation, but if you are sentenced to a shorter period of imprisonment, you may be allowed to stay in the U.S.
Once you serve jail time for an aggravated felony, you will likely receive a letter summoning you to an immigration hearing after your release. At this point, the judge will read the charges made against you and afterwards you will need to state why you deserve another chance at remaining in the U.S.
When Getting Deported to Your Country of Origin
If the immigration judge decides you will be deported back to your home country, you will not need to serve additional time. Deportation in itself is already a punishment. This is especially true if you have been imprisoned in the U.S. for committing a serious crime.
One of the reasons why you would be jailed in your home country after deportation is if you did not complete serving your time in a U.S. prison. In that case, you may have to serve the rest of your jail time in your home country. In order for this to happen, the U.S. must have a unique reciprocal agreement with your country of origin.
Unlawfully Entering the U.S. or Overstaying Your Visa
You will not serve prison time if you are caught by law enforcement trying to get into the U.S. illegally at a port of entry, such as an international airport. Instead, you will be immediately returned to the country from which you came from. The situation will be different if you enter the U.S. lawfully on a short-term visa and you fail to leave the country before it expires. In this instance, you will not be incarcerated for committing a crime, but authorities will transport you to a deportation center. It may be against your will, but you must wait in the facility you are placed in until a decision has been made after your immigration trial.
Note that if you are not considered a flight risk, there is a slight possibility that you may be released from the detention center on bail. However, if you fail to appear for your initial immigration hearing, you will be sent back to the detention center. You will then encounter harsher penalties for avoiding your hearing. So, it is highly important to ensure you attend all your scheduled immigration hearings in a timely manner to avoid spending time in a detention center.
See Your Nearest Immigration Attorney
If you are concerned about serving jail time upon your return to your home country, seek advice from an immigration lawyer. You are more likely to receive a favorable outcome if you contact a reliable immigration attorney for assistance. Call Gambacorta Law Office at 847 443 9303, today and our team of attorneys will gladly help you through the entire process.