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 that 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 that 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 findings. 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 orders. 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’s 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.
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We have been in the dark with our case for over 2 decades, while working with other big firms who just kept me in the dark and sat on our case without making any effort to move it forward until I met the wonderful team at Kriezelman & Burton. AO and JP are truly God-sent angels who with their knowledge, collaboration, sense of direction and outside the box thinking, managed…
Brittni Rivera and her team (Carina Lopez) are fantastic! They are responsive, efficient and beyond compassionate. Brittni Rivera and her team treated me with dignity and respect as they patiently answered all of my questions. They didn't move on without making sure I understood each step. Their work ethic was impressive. It felt like they were an extension of my personal team. I can't say enough to convey my gratitude…
We hoped and prayed for this day, not knowing if it would ever come. Deportations are incredibly scary and overwhelming. We wanted to give a very special thank you to Jennifer Peyton of Chicago for securing this victory for us! With Jennifer on our side we were able to get our loved one back. On behalf of our family, thank you. When we started this journey, we had hoped and…
Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
Hay momentos en la vida en los que una familia siente que el mundo se detiene. Nosotros vivimos uno de esos momentos y, en medio de la incertidumbre y el miedo, tuvimos la fortuna de encontrar a la abogada Sheila McNulty y al paralegal Rafael Rodríguez . Nos escucharon con empatía, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicación y una calidad humana realmente excepcionales.…
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and standing by me during such a…
I wanted to share my experience and say that attorney Britney Rivera is extremely competent in her work. I had heard from friends that she was a very strong lawyer, and she certainly proved to be one. She won our case in a very short time, and my family and I are incredibly grateful to her!🌹And a big thank you to her team as well!🌹🌹🌹
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