There Are Some Options for What to Do After Receiving an Order of Removal
Removal, also known as deportation, occurs when an immigrant is in the United States without legal authority. The USCIS, United States Citizenship and Immigration Services, enforces immigration laws through their U.S. Immigration and Customs Enforcement department, ICE. ICE begins the deportation process by providing the immigrant with an order of removal. Many people wonder what to do after receiving an order of removal. It is important to understand your options in the deportation process.
Reason for Deportation
There are many different reasons the USCIS may order deportation. The first thing you must do is find out why you have been ordered to be removed. removal proceedings are typically initiated because the immigrant allegedly violated U.S. immigration law, failed to maintain the proper paperwork, or no longer meets the requirements for his or her visa. Additionally, taking part in criminal activity is grounds for deportation.
Immigration court is part of the U.S. Department of Justice (DOJ). The DOJ handles cases related to immigration issues. It may be possible to delay your deportation order for a time to allow you to resolve visa problems. Those who were brought to the U.S. as children may be able to avoid deportation. The DACA program, Deferred Action for Childhood Arrivals, allows consideration for some people who meet certain criteria. Speak with your immigration attorney to learn if you qualify for deferred action.
Appeal a Deportation Order
If you have received an order of removal, the USCIS has taken a serious step towards deportation. Some types of deportation can be appealed. Before filing an appeal, it is advisable to consult with a qualified immigration attorney to learn your available options. Cases regarding immigration are heard in special immigration court. A judge presides over the cases and it is highly recommended that you have your attorney represent you for the proceedings.
Apply for Readmission
If you were deported it may be possible to apply for readmission. An application for permission to reapply for admission starts with the submission of an I-212 form. If permission to reapply is granted, you are then allowed to submit a new visa application. This does not mean that you are automatically granted a visa, however. You must go through the standard visa process for approval.
If you or your family has been notified of an order or removal, contact an immigration attorney to discuss your case and learn how to proceed.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding What to Do After Receiving an Order of Removal, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.