The how to remove an expulsion order is a concern that is close to the hearts of many of us who live in the United States in search of a better life.
It represents one of the legal challenges The most delicate for those who, like us, deeply feel the distance with our land, our customs and our people. Like VenezuelansWe are nostalgic, but we are also driven by the hope of building a stable, secure future full of opportunities.
However, in the midst of this dream, we are faced with situations that threaten our permanence in this country.
Recently, the decision of the U.S. Supreme Court has enabled the Donald Trump administration to put an end to the Temporary Protected Status (TPS) for Venezuelan citizensThe decision opens the door to a possible deportation of some 350,000 people. This decision opens the door to a possible forced return to a country which is still experiencing serious crises of instability and violence.
In this article, we will look at what is an expulsion orderWe are also aware of the options available to those who are at risk, and how this change in immigration policies may affect Venezuelans who, like us, are just looking for an opportunity to rebuild our lives in this country.
We know how difficult it is to be away from home, and the last thing we want is to lose the dream of settling legally in the United States as well.
What is an expulsion order?
A expulsion orderalso known as "deportation order " is a decision made by a immigration judge which requires a foreign person to leave the country.
This measure is not issued arbitrarilybut is the result of a legal proceeding in which the government of United States considers that a person does not have the right to remain in the territory for legal, administrative or security reasons.
The order can be issued after a hearing before an immigration judge or, in certain cases, on an expedited basis by immigration officialsespecially when the person is stopped at an entry point. without proper documentation.
The order implies that the person must leave the country within a given time frame or face the forced removal on the part of the immigration authorities.
There are many reasons why this point can be reached, from having entered the country without authorization, overstaying a visa, failing to comply with the terms of a temporary residency, or having committed crimes that affect immigration status.
Unlike other immigration noticesThe expulsion order is a final decision.
This means that, unless action is taken by means of a appeal, motion or special requestThe affected person may be deported at any time.
In addition, having such an order in the migration history may affect future visa applications or adjustments of status, even if the person returns voluntarily to his or her country.
Understanding the legal scope of an expulsion order is essential to know how to act.
Although it sounds like a final judgmentthere are legal mechanisms available that allow us to fight for our right to stay in the country.
Types of expulsion orders
Before talking about how to remove removal orderwe must identify what is the type of order we face.
Knowing this information is essential because each order type has iegal implications and determines what resources or strategies we can apply to defend ourselves.
Expedited expulsion
This is one of the fastest and most severe forms of deportation. It is issued by immigration agents at the border or in the ports of entry when they believe that a person has attempted to enter the country without proper documentation or has lied during the entry process.
It does not require a hearing before a judge, which significantly limits defense options. However, if it is demonstrated that the person had a credible fear of persecution o torture in their country of origincan apply for asylumwhich would temporarily suspend the expulsion.
Order of expulsion in absentia
This order is issued when the person does not show up at his or her immigration court hearing.
In many cases, this occurs because of ignorance, errors in the direction of notification or fear of facing the process.
Although these orders are difficult to reverse, there are remedies such as the motion to reopen the case, especially if it can be proven that the absence was for a valid reason or that the subpoena was never properly received.
It is essential to act quickly, as the deadlines for these motions are usually very short.
Final order of expulsion
This occurs after a immigration trial The full term of the petition, in which a judge determines that the person must be removed from the country.
Although it is a final decisionThere are still options to fight it, such as appealing it to the Board of Immigration Appeals (BIA), file a motion to reopen the case due to changed circumstances, or request a migratory pardon if a legal avenue is obtained to adjust immigration status (such as by marriage, for example).
To know the order type not only guides us on the starting point of the process, but also helps us to define the appropriate strategy of how remove an expulsion order.
Legal options to remove a removal order
1. Motions to reopen the case
One of the most common ways to remove an expulsion order is to present a motion to reopen the case.
This motion is submitted to the immigration court The order must be based on new facts or circumstances that were not originally considered.
This may be, for example, a change in the applicant's situation or new relevant evidence.
2. Appeals to the Board of Immigration Appeals (BIA)
If the order was issued recently, another option for how remove an expulsion order is to present a appeal before the BIA.
The time limit for appeal is usually 30 days since issuance of the decision. This appeal must be well-founded and have the support from an immigration attorney specialized.
3. Request for cancellation of removal
For some people who have lived for many years in the United Statesit is possible to present a request for cancellation of removal.
This petition seeks to remove an expulsion order, demonstrating rootedness, good moral behavior and that the expulsion would cause a extreme prejudice to a family member who is a citizen or permanent resident.
4. Asylum, refugee status or protection under the Convention against Torture.
Those who are afraid to return to their country because of persecution, violence or torture can apply for asylum or shelter with protection under the Convention against Torture.
If this application is approved, it can be an effective way of remove an expulsion order or at least suspend it.
5. Adjustment of status by marriage or otherwise
Marrying a U.S. citizen or obtain another form of status adjustment may open the door for remove an expulsion order. However, this is a complex path that requires the presentation of immigration pardons and the adequate legal support.
6. Motion to Vacate Order in Absentia
When the order was issued because it did not we attended the hearinga motion may be made to anullify the order if good cause for the absence, such as an error in notification, is shown.
This motion seeks precisely to remove an expulsion order issued in absentia.
Key steps to follow
1. Obtaining the immigration file (FOIA)
Before initiating any action to remove an expulsion orderis essential to apply for the migration file (FOIA) to USCIS or ICE. This document will tell us what decisions have been made in our case, and will help us strategize.
2. Consult with an immigration attorney
To have legal support is not a luxury, it is a necessity. A lawyer will be able to evaluate our options and file the necessary applications to remove an expulsion order effectively.
3. Gather supporting documents
Depending on the legal strategy, we will need to gather evidence to support our application, letters from family members, medical documents, proof of residency, among others.
4. Submit applications by the deadline
Many of the legal remedies for remove an expulsion order have tight deadlines. It is crucial to act in time to avoid missing valuable opportunities.
5. Stay informed and don't give up
The she U.S. immigration system. it is complex, but not impossible. We ourselves have seen cases of compatriots who, with patience and perseverance, have achieved remove an expulsion order and start a new stage.
Hope keeps us firm
Ignoring a removal order can lead to serious consequences, such as immediate detention, inability to adjust status in the future, or a ban on entry for up to 10 years.
It is therefore vital to act and understand how to remove removal order before it is too late.
Being away from Venezuela is not easy. We miss the arepa in the morning, the breeze of the Avila, the hugs from our loved ones. But here we are, fighting for a future, for a stability that we also deserve.
Facing a expulsion order is not the end of the road. If anything defines us as Venezuelans is perseverance, the desire to move forward, and the faith that things can get better.
If you are going through this situation or know someone who is, don't waste time, get informed, seek help and act.
At CuriaraWe believe in the power of information and mutual support as fundamental tools for overcoming any kind of migratory obstacle.
We are with you, sharing this path, step by step.