By Taylor S. Adams, Esq., Associate Attorney
There is no doubt that an order of removal has serious immigration consequences. It usually means that an immigration judge has found you are removable (in other words, deportable) from the United States and has ordered that you be removed to your home country. In other cases, it means that Immigration and Customs Enforcement (ICE) has issued an expedited (or administrative) order of removal if you were apprehended at or near the border.
A removal order can disqualify someone from most forms of immigration relief, including asylum, adjustment of status to a Lawful Permanent Resident in many circumstances, and naturalization. A removal order also puts the person at immediate risk of being detained by ICE and removed from the United States, which further inhibits relief. All hope is not lost, however, as there are a few applications in which a removal order does not prevent you from obtaining lawful status and remaining in the United States.
One common relief that a foreign national can apply for with a removal order is called a U visa, which is available for noncitizens who are victims of serious and qualifying crimes in the United States, such as:
– Assault
– Extortion
– Domestic Violence
– Stalking
– And many others
To qualify for this visa, the noncitizen must have reported the crime to police and cooperated with law enforcement in the investigation of the crime. Law enforcement, a judge, or a prosecutor’s office must sign and certify that the individual has, in fact, been a victim of a serious crime and cooperated with law enforcement before the petition can be filed with USCIS. Importantly, even if the noncitizen victim has a prior removal order, the U visa can be granted without the person having to leave the United States by filing a waiver used to “forgive” the removal order.
The filing of the U visa and the waiver does not, unfortunately, protect against ICE executing the removal order and removing the noncitizen to their home country, but it can impact ICE’s discretionary decision to detain an individual and execute the order. Additionally, even if a noncitizen is removed from the United States, the U visa process can continue and once the U visa and waiver are approved, the person can reenter the United States in U nonimmigrant status.
Another avenue available for individuals with orders of removal is a T visa, which is reserved for victims of labor or sex trafficking. Labor trafficking can come in many forms, but is defined as when a person “recruits, harbors, transports, provides, or obtains a person for labor or services using force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.” Sex trafficking holds a similar definition, but must involve force, fraud, or coercion of a commercial sex act. The same waiver that is available for U visas is available for T visas, should the noncitizen otherwise qualify for the visa.
Further, it is all too common that a person does not even realize they have a removal order or only learned many years later. This is especially common if the person did not receive a hearing notice mailed by the immigration court and then did not appear for such scheduled court hearing. There are certain situations in which a prior removal order can be reopened and vacated, meaning the order of removal would be canceled and the person would be afforded the opportunity to appear in immigration court and file for any relief from removal for which they may be eligible. Some viable reasons for reopening are:
– If the person did not receive notice of their immigration court hearing
– If an exceptional circumstance prevented the person’s appearance at the hearing, such as severe illness, death of a family member, etc.
– If the person hired an attorney, but that attorney did not provide effective counsel, for example perhaps the attorney did not inform the person of the hearing, or did not appear at the hearing on the person’s behalf
Whether or not a removal order can be reopened is a highly fact-specific inquiry and in all cases will depend on the unique circumstances. It is important to act as soon as possible if you believe any of these situations apply to you.
This article does not cover all possible avenues of relief for a person with a removal order but highlights some of the main ways relief could still be available. An experienced immigration attorney should be consulted when assessing the options if a foreign national has a removal order. Global Immigration Legal Team is always available to determine any viable pathways for a person who has a removal order. If you know you have a removal order, or if you know you encountered ICE but are unsure if you actually have an order or removal, please feel free to contact Taylor S. Adams or call our office at (610) 975-4599 to schedule a consultation today.
Be sure to mention this article when reaching out for your consultation.
Reviewed by Kelsey E. Logar, Esq., Senior Associate Attorney