Skip to main content

My Relative is Petitioning for Me But I Just Found Out I have a Removal Order Against Me—What Can I do?

By
A removal order in your record will not allow you to get a green card. Sometimes, people do not know that a Judge issued a removal order against them in the past. The removal order may be decades old or may be as recent as this week. The reasons are many: their attorneys did not inform them of their hearing dates, so they did not show up at the hearing; they never received the hearing date in the mail; they intentionally missed the hearing; etc.

The remedy to getting rid of this removal order will depend on the reason a green card applicant has that order in the first place. A consultation with an attorney can shed light on the type of evidence the applicant will need to ask a court to terminate the removal order. Sometimes motions, forms, and proper evidence need to be filed with the court that issued the removal order. Judges do not take these motions lightly and it is highly discouraged to file several motions in a given case for fear of giving the impression that the applicant thinks he or she deserves multiple bites at the apple. The best way to deal with this is to do it right the first time.

An attorney can also negotiate with the attorneys representing the federal government—these attorneys will sometimes oppose to a motion filed by an applicant. Communicating with the attorneys for the government is important to improve an applicant’s chances to get an approval on a motion.

In the event that an applicant suspects he or she may have a removal order on record, the applicant can search his or her own immigration history with the Department of Justice (the Courts), Immigration and Customs Enforcement (ICE), or Customs and Border Protection (CBP). The search is done as a FOIA request (Freedom of Information Act), which can be one by the applicant himself or with the help of an attorney.

If you or someone you know is thinking about applying for a green card or suspects there may be a removal order on his record, have this person consult with an attorney to determine what steps he or she should take to avoid a green card denial.

Johanna Cochran, Associate Attorney
404-949-8170
jcochran@immigration.net
Labels:

Comments

Post a Comment

Popular posts from this blog

If You Are An Immigrant (even a US Citizen), Here Are 9 Things You Should Know

By
Are you a Naturalized U.S. Citizen, Lawful Permanent Resident, Visa Holder, or an Undocumented Immigrant? We recommend you take the following steps to protect yourself in our current version of America. The last couple of weeks have reminded immigrants, even naturalized U.S. citizens, that they were not born in the United States. Our office has received countless phone calls, emails, and social media messages from people worrying about what their family’s future in the United States holds. Most people want to know what they can do now to protect themselves from what promises to be a wave of anti-immigration activity by the federal government. Trump's Executive Order on Interior Enforcement has some provisions that should make most Americans shiver.  We recommend the following actions for each of the following groups: Naturalized U.S. citizens. In particular if you have a foreign accent, and you are traveling within 100 miles of any US Border (including the oceans...
231 comments
Read more

Seven Reasons Why the Georgia Legislature Should Repeal HB-87

By
Recently the Alabama Attorney General called on the Alabama State Legislature to repeal parts of Alabama's horrid anti-immigration law ( HB 56), because of the "unintended" consequences of the bill (frankly, what happened was not unintended). Because of the similarity between the two laws, Georgia's Speaker of the House, David Ralston was asked whether Georgia Legislature would repeal part or all of HB 87, Georgia own anti-immigration law. HB 87 has caused almost a half a billion dollars in damage to the Georgia economy (along with untold suffering in Georgia's immigrant communities) without any noted or reported positive effect. Speaker Ralston plainly stated that the Georgia Legislature would NOT do anything to repeal HB 87 . While it understandable why a politician would not admit that a pet bill he shepherded and pushed through the state legislature was simply bad law, it is also clear that Speaker Ralston is facing a challenge on his RIGHT in th...
1 comment
Read more

Why is USCIS Taking So Long to Renew DACA Work Permits?

By
If the calls to our office are any indicator, there are thousands of DACA recipients whose work permit applications were filed at least three months prior to expiration, who are still waiting for their renewed work permits.  Without renewed permits, these individuals lose the right to work legally, the right to drive, and may once again accrue unlawful presence. The DHS published a notice in October 2014 advising DACA recipients that they could file their request for extension up to 150 days (5 months) prior to expiration.  As with all things government, very few of the DACA recipients, who tend not to frequent government websites, knew about the memo and many did not file so far before expiration perhaps thinking that extending a work permit was a like extending a drivers license, its is done in a few minutes.  As an experienced immigration lawyer will tell you, the USCIS does nothing quickly, and certainly does not worry that a person may lose their job or their drive...
16 comments
Read more