What Should You Do if You Receive a Removal Order? | IL

 Posted on September 23, 2024 in Immigration

In 2023, ICE conducted 143,000 removals to more than 180 countries across the United States—almost twice the number of removals from the prior year. Another 63,000 noncitizens were removed when the Title 42 policy ended in May 2023. Illinois ranks sixth among states with the largest unauthorized immigrant population.

While numerous studies show that undocumented immigrants are not displacing U.S.-born workers and are essential to the success and continued viability of numerous industries, many undocumented immigrants will face removal proceedings at some point. Receiving a removal order can be a frightening, anxiety-inducing experience. However, many of those who receive removal orders have lived and worked in the U.S. for years if not decades.

If you or a loved one are facing a removal order, there are things you can do that may allow you to remain in the United States and perhaps even begin a pathway to citizenship. Legally preventing removal proceedings requires an experienced Bloomingdale, IL immigration attorney from Mevorah & Giglio Law Offices who is skilled in preventing removals.  

Reasons for Removal Orders

While it is extremely stressful to receive a removal notice, try to look at it as an opportunity to resolve a specific issue. The most common reasons for removal include:

• Non-compliance with visa terms

• Failure to maintain status

• Illegal entry into the United States

• Violation of a specific immigration law

• Commission of a criminal offense

• Failure to update a change of address

 How to Respond to a Removal Order

Never ignore a removal order or notice to appear. The judge may order removal if you fail to appear at the designated time and place. Immediately seek guidance from a skilled immigration attorney so you will understand the reason for the deportation order and can take steps to resolve the matter. While receiving a removal order is a very serious matter, try not to panic until you have spoken to your attorney.

What Is the Removal Process?

After being placed in removal proceedings, you will receive a notice to appear in immigration court. This notice will include any allegations or legal charges being brought against you. You will also be served with a Notice of Hearing, which details the date and time of your first hearing, known as a Master Calendar Hearing.

At this hearing, you will go before a judge to challenge the allegations. If your attorney has determined you have a method of lawfully remaining in the country, the judge will likely allow you time to file a claim of Relief from Removal. You can now file an application to stop removal proceedings and present your case for remaining in the U.S.  

Five Legal Ways to Prevent Removal

Depending on your specific circumstances, you may qualify for one of the following methods of preventing removal proceedings:

• Application for asylum

• Waiver application

• Adjustment of status to permanent resident

• Appeal to the Board of Immigration

• Voluntary Departure

If you are granted asylum, you can apply for a green card or lawful permanent residence a year later. You will file Form I-589 to apply for asylum and potentially prevent removal; however, this form must be filed within one year of your arrival in the U.S. If your removal is the result of a criminal record, an immigration waiver may stop the removal proceedings, depending on the circumstances of your criminal offense.

If you are the parent, spouse, child, or widow of an American citizen, you may be eligible for a change of status to a legal permanent resident or green card holder. You may appeal a removal order with the BIA if you have valid legal grounds and do so within 30 days of receipt of your removal order. Voluntary departure will not prevent your deportation but will ensure you can lawfully re-enter the U.S. a few years later.

Contact a DuPage County, IL Removal Lawyer

Attorney Steven H. Mevorah has been serving the needs of immigrants throughout Northern Illinois for more than four decades. If you are facing removal proceedings, it is important that you contact a Naperville, IL removal attorney from Mevorah & Giglio Law Offices. Call 630-932-9100 to schedule your free appointment.