Many people are entitled to removal proceedings before an Immigration Court. However, there are also situations where a person may not be entitled to such proceedings and can be removed administratively by the Department of Homeland Security. A person who is placed in these proceedings cannot apply for many types of relief which are available in regular removal proceedings; he or she is also ordinarily barred from returning to the United States for a certain period of time. However, there are opportunities to fight these types of removal.
If a person is not a lawful permanent resident and commits a crime which is deemed to be an Aggravated Felony, that person may be subject to an administrative removal order. The Department of Homeland Security is required to provide the person notice that they intend to issue such an order. The person then has just a short number of days to contest the Department’s finding. Then, there is a limited time that the person can ask for review before the Court of Appeals. Removal under such an order is very serious, and can result in a 20-year ban from the United States.
In addition, if someone is attempting to enter the United States but an immigration officer determines that the person does not have the appropriate entry document or has committed fraud or a misrepresentation upon entry, that person may be subject to expedited removal. There are only very limited opportunities to contest this order. Such a removal results in a five-year ban from the United States.
Further, a person who originally entered the United States on the visa waiver program can also be issued an administrative removal order if they overstay their admission date.
Finally, if a person has already been removed from the United States, but re-enters the United States by crossing a border without inspection, that person may be subject to reinstatement of the old removal order, without an additional hearing. Again, the Department of Homeland Security is required to provide notice to the person of the impending reinstatement. A person who re-enters or attempts to re-enter without inspection after removal from the United States may also be subject to criminal penalties. This person also faces a 20-year ban from the United States.
There may be additional relief for a person in any of these situations if he or she fears returning to his or her home country due to past or possible future persecution or torture.
Our offices are experienced in all types of expedited and administrative removal order. We are also sometimes able to have someone placed in regular removal proceedings to avoid the hardship attached to an expedited or administrative removal order. We are experienced in assisting with the credible fear determination and reasonable fear determination processes when the person fears return, and in seeing cases through to their successful completion. We can also assist with bringing someone back into the United States after they have been issued an administrative or expedited removal order.
I highly recommend attorney Brittni and Legal assistant Violetta. Their expertise and professionalism were instrumental in successfully handling our case. They guided us, answered all our questions, and ensured everything was submitted accurately and on time. Thanks to their efforts, we achieved a positive outcome. I’m immensely grateful for their outstanding service and highly recommend them to anyone seeking immigration assistance.
I highly recommend this firm to the folks who really need any type of legal advice, assistance in any of theirs issues. Whole team is very knowledgeable, dedicated and truly committed. Laura McClure is really one of their GEMS . She always without missing even one emails in the whole process, very promptly she gets back. If you really want to get your process done, this is the firm I recommend.
One of my relatives just received her Green Card and the credit goes to Kevin Raica and his Paralegal, Aga Bogdanowicz. The final “Adjust Status Petition” including the supporting documentation was 128 pages long! There is no way we could have compiled this level of detail much less have it be error free on our own. The whole process took around 8 months which is to be expected; however, the Petition package was so complete that no interview was required. If you ever have need of immigration legal service you just can’t go wrong with Kevin Raica and the immigration…
My international partner and I needed assistance with completing the process to receive a green card and residency in the United States. I am astounded with how quickly we received residency status thanks to the experience and quality of Kriezelman Burton & Associates. Attorney Kevin Raica was a pleasure to work with and demonstrated professionalism and depth of knowledge with the process. Paralegal Donald Rogers was attentive to all the details, followed-up with us, and ensured all of our documents were submitted on time and tracked. I can't praise this firm enough for how easy they made what could be…