Facing a final order of removal issued by an immigration judge can be an overwhelming experience. However, there are legal pathways that may allow you to remain in the United States. These options have been created by policymakers to help individuals in this difficult situation find lawful ways to stay in the U.S. Let’s explore these options in detail.
LaToya McBean Pompy, who immigrated to the United States herself, was inspired to help families unite by founding McBean Law. If you or loved one need assistance with denaturalization issues or visa applications, don’t hesitate to reach out to us today. You can contact us here or call (914) 898-9488 to schedule a private consultation with LaToya and her experienced immigration attorney team, who are ready to guide you through every step of the process.
Can You Stay in the U.S. with a Final Order of Removal?
The short answer is, it depends. For some people, there are legal remedies available to stay, while for others, the options may be limited. With heightened enforcement priorities, it’s more important than ever to understand your rights and the steps you can take if you’re facing removal.
1. Appeal to the Board of Immigration Appeals (BIA)
If a judge has issued a removal order, you can appeal the decision to the Board of Immigration Appeals (BIA). This must be done quickly, as you have only 30 days from the date the removal order was issued. During the appeal process, you are allowed to remain in the United States until a decision is made. Working with an immigration lawyer is crucial to ensure the appeal is filed correctly and on time.
2. File a Motion to Reopen with USCIS
If your immigration case with USCIS (such as an I-130 petition) was denied, you might have grounds to file a motion to reopen or reconsider the decision. This is particularly important if the denied petition is key to your ability to challenge or terminate the removal order. For example, if you were seeking an I-130 petition through a U.S. citizen spouse and it was denied, reopening this case can bring you closer to legal status. Speak with an experienced immigration attorney to explore this option.
3. Seek Humanitarian Relief
Humanitarian relief options such as asylum, the U Visa, or the T Visa can provide a pathway to stay in the United States legally:
- Asylum: If you can prove past persecution or fear of future persecution in your home country due to your race, religion, political opinion, or membership in a social group, you may qualify for asylum. Filing a late asylum application is challenging but not impossible, especially with legal assistance.
- U Visa: This visa is available to victims of certain crimes who have cooperated with law enforcement in the investigation or prosecution of those crimes. It can also extend benefits to certain family members.
- T Visa: This option is for victims of human trafficking, including labor or sex trafficking. If you have been exploited by an employer or trafficker, this visa could offer relief. Work with an experienced immigration lawyer to determine your eligibility.
4. Seek Cancellation of Removal
Cancellation of removal is a process that can result in a 10-year green card, but it’s only available to those who meet specific criteria:
- You’ve been in the United States for at least 10 years.
- You have good moral character.
- A qualifying relative (such as a spouse, parent, or child) would suffer extreme hardship if you were deported.
Victims of domestic violence may also qualify for this form of relief. Consulting an immigration attorney is essential to determine if you’re eligible.
5. Appeal to Federal Court
If your case has been denied at the immigration court level, you may have the option to take it to federal court. You can appeal your removal order to a
U.S. District Court or even the Supreme Court. This is a complex and expensive process, but it might be viable for some individuals. Federal appeals require a skilled attorney with experience in appellate and immigration law.
6. File a Motion to Reopen and Terminate Your Removal Case
If you have new evidence or a legal basis for relief, you can file a motion to reopen your removal case. This process can involve:
- Terminating the removal order to apply for a green card through USCIS.
- Reopening the case to apply for cancellation of removal, asylum, or adjustment of status.
Each case is unique, and the arguments presented will depend on the specifics of your situation. An experienced immigration lawyer can help you navigate this complex process.
7. Request a Stay of Removal
A stay of removal is a discretionary process where you ask Immigration and Customs Enforcement (ICE) to temporarily halt your deportation. This can give you time to pursue another legal pathway, such as an appeal or adjustment of status. Keep in mind that ICE grants these requests on a case-by-case basis, and they are becoming increasingly limited.
8. Apply for Deferred Action
Deferred action is another discretionary option that allows individuals to stay in the U.S. temporarily due to humanitarian or medical reasons. This process is granted on a case-by-case basis and is also highly limited. If you’re facing medical or other humanitarian challenges, consult an attorney to see if this option applies to you.
Learn more about the ways to stay in the United States by watching LaToya McBean Pompy’s video, “How to STAY in the U.S. with FINAL ORDER OF REMOVAL (8 Ways)”, on McBean Law’s YouTube channel or click here.
