Have you been ordered deported? That final removal order may not be final

Getting a final removal order that says you must leave the country feels like the battle is over. You’ve lost and have no way to stay in the U.S. However, that isn’t always the case. That final order might not be as final as you think. There could be grounds for reopening the order and not only staying in the U.S., but also getting a green card. What are some of the most common grounds for reopening a removal order?

1. Change in the law. One of the interesting things we’ve seen is that the older the removal order, the more likely there has been a change in the law giving us grounds to reopen the order. We had a case where our client was ordered deported in 1996. He was working with another attorney for years who didn’t help him. When he came to us, we determined the law had changed in his favor. Not only could we reopen the removal order and keep him from being deported, but the client was grandfathered in under the new law and was eligible for a green card.
2. Change in circumstances. If there are facts or evidence relevant to your case that you were previously unaware of and were not available to you or the court during the prior proceedings, you may be able to reopen your order. Also changed circumstances in your home country that make you afraid to return may also be grounds for reopening.
3. Ineffective counsel. Unfortunately, sometimes lawyers may not as knowledgeable or competent as they should be. If your attorney’s actions were incompetent or fraudulent, then you may be able to reopen your order. We’ve handled cases from other attorneys who didn’t take proper care in advising clients or badly mishandled paperwork. We are strong believers in getting second opinions. Even if you’ve already hired someone and later you become unsatisfied with how your case is being handled or just have doubts, get a second opinion. An experienced attorney will not feel threatened by you getting another opinion. And if your lawyer was ineffective, then that second opinion can keep you from being deported.
The key point with any of the above grounds is that you also have to show that if the removal order is reopened, you are eligible for a green card (or adjustment of status). There isn’t any point in reopening the order if there are no grounds that would allow you to get a green card. So if you are speaking with an attorney, you should understand how they would get your order reopened as well as how they can get you on a path to permanent residency. There are other grounds for reopening a removal order not discussed here and you should always contact an experienced attorney to help. If you have received a removal order or are afraid of being deported, contact us for a consultation.
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By Ruthie Sanchez | Published January 5, 2016 | Posted in Deportation, Your Rights | Tagged deportation

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Hello My name is Ashley. I have been married to my husband since 2011. We have 2 kids, one is 4 other 2, and he really needs to get his card. he has been in America 8 years. Is there any way to start the process without deportation? I cannot make it without him. I can work but…..I have no one. He is my everything and I love him so very much. If you can help me thankyou somuch!

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FAQs

Q: My employer wants to sponsor me to get a green card – can they?
If you entered the United States without visa and are working here without legal documentation, your employer may be able to help you. But it’s important to understand that just because your employer wants to help doesn’t mean you will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including your prior history (and your family’s prior history) in the United States. So it’s good that your employer wants to help but the first step is to call us for an interview so we can understand more about your situation.
Q: How can I get a work permit?
A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, you need a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get you a work permit, but you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit you have to make an application for legal status in this country on some other basis. Don’t believe any other lawyer or person who tells you it’s an easy thing to get a work permit. Call us for an interview and we can explain to you how the process and immigration laws in the United States really work.
Q: Can I apply for deferred action now?
As a result of the injunction issued by the District Court in Texas, applications for the expanded DACA program and DAPA are currently on hold. The Department of Homeland Security is not currently accepting requests for the expansion of DACA, as originally planned. Until further notice, it has suspended the plan to accept requests for DAPA.
Q: Does the new executive order or court injunction change Deferred Action protection under existing DACA?
The Court’s order does not affect the existing DACA. Individuals may continue to come forward and request initial grant of DACA or renewal of DACA pursuant to the guidelines established in 2012. This ruling only delays the start of DAPA and the expansion of DACA.
Q: Who can I contact for more help or information?
It’s important that you speak with a qualified attorney who can explain all the options and issues relating to your immigration status. Do not take advice about your immigration case from a notary public or an immigration consultant. The U.S. immigration laws and rules are very complicated and many people take advantage of undocumented immigrants, making promises and charging money without providing honest advice. Contact only a qualified immigration lawyer for legal advice about your case. If you encounter 'notarios' who offer legal advice without a license, report it.
Q; What should I do now?
You can begin preparing now! Even though DHS is not currently accepting applications under DAPA or the expanded DACA programs, individuals who are potentially eligible for Deferred Action status should begin preparing their applications now. It is very likely that the Texas decision will be overturned and there will probably be a rush of applicants when that happens. Individuals should be ready with their applications and start now by gathering the necessary documentation and seeking good counsel to give themselves the best chance for success and to avoid potential problems.
Q: I haven’t seen my mother since I came to the U.S. 10 years ago. Can I apply for a visa so she can join me here?
If you are a U.S. citizen or have a Green Card, then yes, you can apply for a visa for your family members. But the process can take a long of time, depending on your own status. If you’re a U.S. citizen, it might take 8 months to a year to process the application. The waiting time will be much longer if you’re a Green Card holder. Generally, the sooner you start the process the better, so contact one of our attorneys now to get started or browse our site to learn more about the different types of visas available for family members.
Q: My grandma is sick back home – can I go visit her?
Whether you can travel abroad depends on your immigration status. If you have been granted DACA or if you have a Green Card in hand – you still must ask for advanced permission in order to leave the country. This is called advanced parole. Obtaining advance parole is relatively inexpensive. But it is not without risk, because there is really no way to guarantee that you will be able to return. Your return is ultimately within the discretion of the authorities at the point of your reentry to the U.S.
Q: Can our company sponsor an employee to get a green card?
If one of your employees entered the United States without visa and is working here without legal documentation, you may be able to help this person obtain legal immigration status. This doesn’t necessarily mean they will be able to obtain a green card. The process for obtaining a green card is complicated and depends on many factors, including a person’s prior history (and their family’s prior history) in the United States. It’s definitely helpful to their case if you, as their employer, are willing to help, but the first step is to have the employee call us for an interview so we can understand more about their situation.
Q: What is a work permit?
A work permit is a common way of referring to an Employment Authorization Document (EAD), which is issued by the Immigration Service (which is part of the U.S. Department of Homeland Security). Under U.S. law, an employee needs a work permit or EAD in order to become a legal employee of a U.S. company. Many lawyers will promise to get undocumented immigrants work permit. But you have to be careful about this. The catch is that you can’t simply apply for a work permit or EAD in itself. In order to apply for a work permit a person must make an application for legal status in this country on some other basis. So don’t let your employees get gulled into believing that it’s easy to get a work permit by some lawyer or hustler on the street corner. Call us for an interview and so we can explain to your employees how the process and the immigration laws in the United States really work.

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