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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Our experience with the firm was extraordinary. We worked with attorney Andrea Ochoa. Since the very first meeting we met, Andrea gave us all the confidence to proceed with our case. She always answered our questions shortly and offered clear guidelines to proceed. When my son's case received a notice of intent to deny, she planned how to fight that decision effectively. We totally recommend everyone to trust their case…
I just want to say huge thank you to Mr. Kevin A. Raica. for everything he has done for me throughout my immigration case. When I first came to Kevin, he explained the SIJS process clearly and walked me through the steps. We first needed to get the guardianship court order before moving forward with the I-360, and he connected me with a trusted attorney to help with that part.…
I cannot find the words to express my gratitude to Brittni Rivera! She literally saved my family. We had been waiting seven years for what she accomplished in just three weeks. I was impressed by how accessible the office is—they always answer calls very quickly. A special thank you to paralegal Nataliia Melnyk. You are my heroes. Thank you.
We are incredibly grateful for the help and support we received from this office. From the very beginning, they understood the urgency of our situation and treated our case with real care, professionalism, and speed. They were extremely responsive, clear, and compassionate throughout the entire process. They moved quickly when timing was critical, kept us informed, and helped us navigate a very stressful immigration situation with confidence. Thanks to their…
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 RodrĂguez . Nos escucharon con empatĂa, nos guiaron con paciencia y defendieron nuestro caso con un profesionalismo, una dedicaciĂłn y una calidad humana realmente excepcionales.…
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