When most people think about immigration, they imagine people sneaking in from other countries or trying to hide from criminal charges. What most people don't realize about immigration, however, is how difficult it is to live other places. In my native homeland, I had a difficult time feeding my kids on a shoestring budget, and I worried about safety on a daily basis. I needed an immigration attorney to make my dreams of a peaceful existence possible. I created this blog to help you to see how much of a difference the right legal counsel can make, so that you don't have to worry about the future.
Even though you are not an American citizen, you are still afforded certain rights. One of those is that you cannot be removed from the country, even if your immigration status is illegal, unless you undergo a certain legal process. However, there are some instances in which the government decides to forego the usual legal steps required and have you deported.
Whether or not the government can use an expedited removal to deport you depends on how you gained entry into the country. Expedited removals are usually reserved for people who are newly arrived and do not have the documentation required to gain entry. For instance, if you do not have a green card or temporary work visa, you could face an expedited removal.
Expedited removal is also used for people who gained entry into the country through fraudulent means. For instance, if you lied on your green card application, were approved, and it is discovered later that you were dishonest, you could be removed.
There are certain guidelines to the removal, though. If you are newly entered without documentation, government officials must have caught you within 100 miles of the border and within the first 14 days you were in the country.
There is a possibility that you can fight an expedited removal. If you can prove that there is a humanitarian factor to your case, the government might allow you to stay long enough to submit an application for legal status. You can also request that you be allowed to stay if you are in fear for your life in your home country. You could be granted asylum.
Reinstatement of Removal
If you were previously deported and re-entered illegally, the Department of Homeland Security, or DHS, could opt to have you summarily removed. In essence, the DHS would be reinstating the previous order and using it to have you deported.
If you have an application for an adjustment of status, DHS will not remove you, though. You will have to show proof that you have asked for an adjustment. An adjustment of status is part of the process to get a green card. In this instance, you are asking the government to change your status from illegal to legal immigrant.
Regardless of which type of deportation you are facing, it is important that you contact an immigration attorney as soon as possible. The attorney can possibly take action that would temporarily or permanently stop the government's action against you. Contact a professional like Carmen DiAmore-Siah Attorney At Law for more information.Share
9 June 2015