Navigating the complex U.S. immigration system can be daunting, especially when pursuing unique green card solutions like marriage to a U.S. Citizen. But what happens when that application process falls through?
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
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What Happens When You Have a Removal Oder?
See this topic on our YouTube channel – Good Way To Fix Immigration Status If You Have a Removal Order!
This is a very common issue that our team of New York immigration lawyers at McBean Law deals with on a weekly basis.
A lot of people deal with this problem – but how does it work? Well, when they come to the U.S., someone convinces them to apply for asylum. For some people, this works because they have a legitimate asylum case that is accepted by the government.
But for others, their case is not approved, and they end up placed in removal proceedings. This happens for many reasons; they may show up in court and the judge will deny their case, or they might not show up due to fear, so the judge will issue a removal order against them due to the absence.
They’re still here in the United States and they become eligible for a green card. But here’s the big problem – in order to finally get that green card, they have to have the removal case reopened. And that is a very difficult thing to do.
What Can You Do?
Depending on whether the motion to reopen the case needs to go back to the immigration court that initially issued the order, or if it needs to go all the way up to the Board Of Immigration Appeals (BIA), it can get even more complicated.
Our team sees these cases a lot, and it is always difficult to meet clients in these positions.
That being said, we have often been successful; We run extensive background investigations and, if it seems like a good option, we reach out to ICE for assistance. Now, this is complex because we’re essentially asking them to put you back on the government’s radar after your case has been dormant for a while, sometimes years or decades, even. So, we only do this in cases where we believe you have a good chance of being approved by the ICE attorney.
What Happens Next?
If ICE approves the case, the motion is filed either with the immigration court that issued the removal order against our client, or with the Board Of Immigration Appeals (BIA) in cases where the client wasn’t present in the court or if their initial appeal didn’t work out.
Once your case is reopened, it may be terminated; this means that you are free to apply for a green card with USCIS, and they will consider it and may issue you a green card if you’re eligible.
However, you need to have a valid pathway to a green card, meaning that we must be able to see the end of your case when we first start. You will need a U.S. citizen or lawful permanent resident relative who will be your petitioner, or you have to be eligible through other green card pathways, such as the U-Visa for crime victims or other humanitarian pathways. You can read more about these pathways in our blog about 7 Surprising Ways to Legalize Your Status.
For details and help with any questions or concerns you may have, please consider contacting us and trusting us with your green card journey.
Planning Your Roadmap to Success
Whether you are seeking assistance with visa applications, green cards, citizenship, or any other immigration matter, we are here to help you every step of the way. Our mission is not just to provide legal services but to empower our clients with the knowledge and resources they need to achieve their immigration goals. With proper legal counsel, persistent preparation, and meticulous attention to detail, your success can become reality too. Partner with professionals like McBean Law to chart your visa journey’s triumph.
If you are interested in more topics like this, please consider subscribing to our newsletter to get weekly updates on immigration news, relevant topics, and more! You can also find us on YouTube where we do weekly Q&A sessions.
LaToya McBean Pompy is an immigration lawyer who immigrated to the United States from Jamaica. Her experience sparked an interest in helping many families be together in the U.S. by founding McBean Law. If you need help with your or a loved one’s visa, contact us here or call us today at (888)-462-4006 to schedule a private consultation with LaToya and her team of New York immigration lawyers who are here to help you.
