Deportation/Removal Defense - FAQs
How long do removal proceedings take?
Like many answers from attorneys, the answer to this question is it depends. There are numerous factors to consider. If an individual is detained, their cases are expedited. The asylum docket is also expedited. Another factor is the jurisdiction. For example, in the Orlando Immigration Court for cases that are not expedited, the court process can easily last 1-2 years, due to limited hearing dates. The good news is, if you have the right to a hearing you will have the right to explore your options. You will not be deported immediately, unless subject to expedited removal. If someone is subject to expedited removal, and does not have a right to a hearing, they may be physically removed very quickly.
Cancellation of removal processing time?
Please see the answer above. No case is identical. At Orlando Immigration Court, non-expedited docket cases are 1-2 years on average based on our experience.
What happens if cancellation of removal is denied?
If cancellation of removal is denied, and all other forms of relief are also denied, the individual will receive an Order of Removal (aka Deportation Order, but Order of Removal is the proper terminology). In most cases, it does not mean the individual will automatically be taken into custody, or sent to their home country. Individuals have a right to an appeal. Those individuals with criminal history, or past immigration violations have a greater risk of being taken into custody. Each case is different.
Who qualifies for cancellation of removal?
There are several types of cancellation of removal:
Cancellation of Removal for Certain Permanent Residents
(a) Cancellation of removal for certain permanent residents may occur in the case of an alien who is inadmissible or deportable from the United States if the alien--
- has been an alien lawfully admitted for permanent residence for no less than 5 years
- has resided in the United States continuously for 7 years after having been admitted in any status, and
- has not been convicted of any aggravated felony
Can you appeal a voluntary departure?
If voluntary departure is granted, and an appeal filed, the individual’s order will automatically convert to an order of removal. Voluntary departure is a very nuanced area of law, and an attorney should be consulted.
Can you be deported if you are married to a US citizen?
To answer this question, we need more information. Information like: how far along in removal proceedings is the individual, how did the individual enter the country, what is that status of the person getting married, etc.. There is not an easy answer to this question, but we will state getting married alone is not an automatic stop to deportation or removal. It may allow for new defenses or relief, but the fact of the case should be review by an experienced immigration attorney.
Can a deportation/removal order be reversed?
An appeal can be filed. If the time for an appeal has lapsed, there may be other alternatives like a Motion to Reopen, Joint Motion to Reopen etc. If you have an order of removal, you may still have options. Mubarak Law offices Orlando, has handled numerous joint motions to reopens, appeals, and similar cases successfully.
Can you stop deportation?
If an individual has already been ordered removed/deported by an Immigration Judge, and is in the process of being physically removed, an “Application for a Stay of Deportation or Removal” can be filed with ICE/ERO on form I-246. These cases can be very difficult to have approved, demonstrating exceptional circumstances and hardship is expected. We have handed many requests of stay for immigrants in Orlando, Tampa, Miami, and throughout Florida.
How Can I Find Out if I have a deportation order?
One of the fastest ways to check is by calling the automated court systed at 1800-898-7180 and entering you’re A#. Please be advised the automated system can not solely be relied on. Anyone who believes they may have an order of removal or has ever had an application pending with USCIS/DHS/INS should seek the assistance of an immigration attorney.