Removal is when a person has to leave the United States. There are two ways that somebody can leave, through Voluntary Departure or Order to be Removed. Any time your immigration status is not current, you are in danger of being removed as a result of a Final Order of Removal issued by an immigration judge. The removal process normally starts with a “Notice to Appear” for Removal Proceedings, the court hearings assessing if, when and how you will be required to leave the U.S.

Category: Removal

Do not sign anything! Only give out your first and last name - that is the only information you have to give. Call a family member or your lawyer, and if you do not remember their phone numbers, ask to see a list of embassies and write down their phone number. If you call them, they can help you get a lawyer or tell your family what happened. You should get a lawyer and ask for bond, an amount of money that a friend or relative who is in the United States legally can give to ICE to get you out of detention. To get a bond, you cannot have certain criminal charges or a Final Order of Removal. Also, the Immigration judge must be sure that you will not run away.

Category: Removal

Sometimes. Your lawyer can try to help you stay through various laws and/or regulations, depending on your specific circumstances.

Category: Removal

Simply put, it is when you pay for your ticket to leave the U.S. as opposed to having a judge issue a Final Order of Removal and having the U.S. government pay for and return you to your home country. You can ask to be given voluntary departure before, during or after your removal proceedings, but the judge will not always allow you to do this. An individual may not be able to leave under Voluntary Departure if that the individual has an aggravated felony or is deportable on grounds of terrorism. Also, if you do not ask for Voluntary Departure before the Removal Proceedings start, there are other requirements you must meet. If you ask:

• At the beginning of the Removal Proceedings – You will have to agree that you are “removable” and to not try for any appeals or other ways to avoid removal. The judge can give you up to 120 days to leave on Voluntary Departure and may ask you to pay a departure bond.
• After the Removal Proceedings – You will have to prove that you:
  • have been physically present in the at least U.S. one year before the removal proceedings
  • have been a person of “good moral character” for at least five years before your application for voluntary departure
  • are not deportable as an aggravated felon or terrorist, and
  • have clear and convincing evidence that you have a way to depart the U.S. and plan to do so.
• You must also pay a departure bond and the immigration judge can give you no more than 60 days to leave.

Category: Removal

If you are granted voluntary departure by the Immigration judge and do not leave by the designated departure date, the consequences are serious. Your Voluntary Departure is automatically turned into an Order of Removal, and you will be charged a fine of $1,000 to $5,000. You also will be unable to apply for voluntary departure, cancellation of removal, adjustment of status, registry, or change of nonimmigrant status for 10 years. When you are granted voluntary departure and leave the United States, you should keep your airline tickets or other evidence of transportation out of the country, any notations or stamps in your passport showing that you left the U.S. and entered into another country. In addition, you should go to the U.S. consulate in your country as soon as possible after leaving the United States, to ask for confirmation of your appearance at the consulate. If you do not provide this evidence, you will face the same penalties as if you had stayed in the U.S.

Category: Removal

It is a way for legal permanent residents or non-permanent residents to be able to cancel their order to be removed so they can stay in the U.S.

• For Non-Permanent Residents: Individuals who are inadmissible or deportable from the U.S. may qualify for Cancellation of Removal, so they can adjust status and stay in the U.S. if they:
  • have lived in the U.S. without leaving for no less than 10 years up to the date they apply for Cancellation of Removal,
  • have been a person of good moral character during that time,
  • have not been convicted of a criminal offense or security or terrorist related crime, and
  • can prove that removal would result in “exceptional and extremely unusual hardship” to their spouse, parent, or child, who is a U.S. citizen or who has a green card.
• For Permanent Residents: Permanent residents are eligible for cancellation of removal if they:
  • have been a permanent resident for 5 years,
  • have lived in the U.S. without leaving for 7 years after having entered with any immigration status,
  • have not been convicted of an aggravated felony or security or terrorist related crime.

Category: Removal