
A removal order can be a scary experience. If you or a loved one receives one, it's essential to understand what it means and how to defend against it. A removal order is a formal order to leave the United States. It can happen due to visa overstays, criminal convictions, or unlawful entry.
In this guide, we’ll cover essential information about removal orders and how you can defend against them. We will discuss the different types of defenses, how to prepare your case, and what happens after the court decides. Let's dive into the basics of removal orders and help you navigate this challenging process.
Understanding Removal Orders
A removal order is a directive from the immigration court requiring someone to leave the United States. This can happen for several reasons, such as overstaying a visa, entering the country illegally, or having a criminal conviction. The process starts when the Department of Homeland Security (DHS) issues a Notice to Appear (NTA) in court. The NTA outlines the reasons for the removal and the date for the hearing.
During the hearing, the immigration judge reviews the case and decides whether to issue a removal order. The judge considers all evidence presented, including any defenses against removal. If the judge orders removal, the individual must leave the country unless they win an appeal.
Understanding that a removal order is not the end of the road is critical. There are ways to contest the decision and seek relief. Knowing your rights and the legal avenues available can help you defend against removal.
Common Defenses Against Removal
One can use several common defenses to fight a removal order. Each defense relies on specific legal criteria that need to be met. Understanding these defenses can help you and your attorney build a strong case.
1. Asylum: If returning to your home country puts you at risk of persecution due to race, religion, nationality, membership in a particular social group, or political opinion, you could apply for asylum. It requires proof of credible fear and circumstances that meet the criteria for protection.
2. Cancellation of Removal: This form of relief might be available to particular non-permanent residents who meet specific requirements. These include having lived in the U.S. for a certain number of years, showing good moral character, and proving exceptional hardship to immediate relatives who are U.S. citizens or lawful permanent residents.
3. Adjustment of Status: You may also qualify to adjust your status if you have an immediate relative who is a U.S. citizen or qualify through specific employment-based categories. This allows you to become a lawful permanent resident without leaving the country.
4. Voluntary Departure: Sometimes, opting for voluntary departure can be a strategic choice. It allows you to leave the U.S. on your terms within a specified period, avoiding the legal consequences of a removal order, like a bar from re-entry for several years.
Each defense requires different documentation and proof. Discuss your options with your attorney to understand which defense best suits your case. Knowing your options can help you navigate the complexities of the removal process.
Preparing for Your Removal Defense
Preparing for your removal defense is a critical part of the process. The more prepared you are, the better your chances of success. Start by gathering all necessary documents, such as identification papers, visas, and other relevant records. These documents will serve as the foundation of your defense.
Work closely with your attorney to build a strong case. This includes collecting evidence supporting your relief eligibility, such as letters from family members, employers, or community leaders. Proof of your good moral character and ties to the community can be constructive. If you're seeking asylum, gather any documentation that proves your credible fear of returning to your home country.
Practice your testimony with your attorney. Being able to clearly and confidently present your case in court is crucial. Your attorney will guide you in answering questions and explaining what to expect during the hearing. Remember, honesty is critical; any inconsistencies can hurt your credibility.
Lastly, be punctual and dress appropriately for your hearings. First impressions matter. Arriving early and looking presentable shows the court that you take the process seriously.
What Happens After a Removal Order Decision
After the judge decides on your removal order, several things can happen. If the judge approves your defense and grants relief, you may stay in the United States. This is the best outcome and allows you to continue your life without the threat of removal.
You will receive a final removal order if the judge denies your defense. At this point, you have the option to appeal the decision. Appeals must be filed within a specific time frame, usually 30 days from the decision date. Work with your attorney to prepare for the appeal. This process may include submitting new evidence or highlighting legal errors during your initial hearing.
If you choose not to appeal or deny the appeal, you must comply with the removal order. This means arranging for your departure from the United States. Failure to leave voluntarily can result in forced removal and additional legal consequences. It's essential to follow all instructions from the court to avoid further complications.
Regardless of the outcome, maintaining open communication with your attorney is crucial. They can guide you in determining your next steps and help you navigate this challenging process.
Conclusion
Facing a removal order can be one of the most stressful experiences in life, but understanding your options and preparing adequately can make a significant difference. From learning about the types of removal orders to exploring various defenses and knowing what steps to take post-decision, being informed is your best tool. Taking action early, gathering essential documents, and working closely with your attorney can improve your chances of a favorable outcome.
Remember, the immigration process is complex, but you don't have to navigate it alone. If you're facing a removal order and need expert legal advice, reach out to the experienced team at Novo Legal. Our immigration lawyer in Colorado is here to help you defend your rights and secure your future. Contact Novo Legal today for personalized support and expert guidance.