Removal proceedings can, of course, be overwhelming. You are facing the possibility of being deported back to your country of origin, forced to leave behind whatever life you have built here in the U.S. If a judge has ordered your removal, you may be wondering what will happen next. There are a few potential scenarios and we will discuss them here in more detail.
What Happens If a Judge Has Ordered Removal?
After a judge has ordered removal, the person subject to the Order of Removal has somewhat of a 30 day grace period. This is because you have 30 days to file an appeal of the Order of Removal. Should you choose to appeal the removal order, your deportation will be held off, or “stayed,” until that appeal has been fully pursued.
If you do not plan on appealing or if there are no grounds upon which you may be able to base an appeal, you should consider requesting a “Voluntary Departure.” With a voluntary departure, you leave the U.S. by paying your own way. You can schedule your own departure, within certain limitations. Not only does this allow you to leave the country more on your own terms, but it also avoids the Order of Removal appearing on your immigration record. Having an Order of Removal on your record could make it much more difficult to return to the U.S. in the future.
If you do not appeal the Order of Removal within 30 days, it becomes final. If, at the time removal was ordered, you were out free on bail, then it is unlikely that you will be held in immigration jail. In this case, you will be allowed time at your home to prepare for your departure while the government organizes your travel documents as well as arranging the transportation you will be taking back to your country of origin.
When the government has completed arrangements, a letter will be sent to you to inform you of when and where you need to report as well as how much baggage you are allowed to bring with you. Should you be ill at the time of intended travel or should another valid reason to prevent your travel present itself, you may request your deportation be postponed by filing a “stay” application. Know that if you ignore the Order of Removal and/or fail to arrive at your scheduled travel time, your file will be referred to the fugitive unit of Immigration and Customs Enforcement (ICE). ICE is essentially a law enforcement branch tasked with arresting immigrants in violation of things such as removal orders.
Should you choose to appeal your Order of Removal, you are asking a different court to reexamine your case based on the belief that the Order of Removal was wrongly entered. These kinds of appeals are made to the Board of Immigration Appeals (BIA).
Immigration Law Attorneys
If you should have any questions or need more information about the ways in which the U.S. and Canadian Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact us at the NPZ Law Group – VISASERVE – U.S. and Canadian Immigration and Nationality Lawyers by e-mailing us at email@example.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com