Immigration lawyers often come face to face with the precarious nature of life as experienced by an immigrant who is under an Order of Removal (i.e. has been ordered deported). If you and/or a loved one has been ordered deported by the United States government, you may want to take some time to explore your options by consulting with a Miami immigration lawyer.
Why am I being deported?
You may receive a notice of deportation for one or more of the following reasons (this list is by no means exhaustive):
- You did not enter the country legally;
- Your visa or green card has expired;
- You committed a crime of moral turpitude that makes you subject to deportation
If you or a loved one has been ordered deported, my recommendation is to set up a consultation with a Miami immigration lawyer immediately. Living in the shadows is a tough and precarious life. A Miami immigration lawyer may be able to provide you with other options, so that you can have a path to legalization.
How will the U.S. government give notice that I am being deported?
If the United States government has found that you are residing in the United States illegally, a Notice to Appear for Removal Proceedings will be sent to you by mail.
What is a motion to reopen?
If you are under an existing removal (deportation) order, your immigration lawyer may decide that it is in your best interests to file a motion to reopen. A motion to reopen is when your immigration lawyer “moves” USCIS or the Immigration Judge on your behalf to reopen/review their original decision to deport you.
What is needed for the motion to reopen?
Each individual’s case is different. You are best served by first meeting with an immigration lawyer to discuss if you have any options open and available to you.
First, the motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances, and “state the new facts to be provided in the reopened proceedings and be supported by affidavits or other documentary evidence.”
For example, if the underlying application or petition was denied due to abandonment (e.g. failure to respond timely to a request for evidence or a notice of intent to deny), a motion to reopen may be filed if it can be shown that:
- The requested evidence was not material,
- The required initial evidence was submitted with the application or petition,
- The request for appearance or additional evidence was complied with during the allotted period, or
- The request for evidence or appearance was not sent to the address of record.
You may also file a motion to reopen if you never received notice of your immigration proceedings or if you were in custody at the time and had no control in attending your immigration proceedings. Remember – you must have an extremely compelling reason as to why you were unable to attend the original immigration proceedings. Motions to reopen are often complex, and place a heavy burden on the applicant to prove his/her case.
For this reason, I highly recommend that you speak with a Miami immigration lawyer to discuss all options available to you.
Can I file a motion to reopen based upon a change in circumstances?
Yes, you may be able to qualify for relief. In these cases, your immigration lawyer may file a motion to reopen based upon a change in circumstances. For example – the conditions in your home country may have changed, such that it would be inhumane for the United States to deport you. Or, you may have discovered important facts which you did not have access to in your original proceedings. In these situations, your Miami immigration lawyer may also recommend that you file for a motion to reopen.
What are my rights?
Again, you will want to speak with an immigration attorney to discuss your rights and options. In summary, the order of removal issued by the USCIS is not necessarily final. You have the right to appeal to the Board of Immigration Appeals (BIA). If your challenge to the BIA fails, you may be able to seek redress with the U.S. Court of Appeals. These appeals are time-consuming and complicated, and are usually addressed by an experienced by an immigration attorney.
If you think would like more information on removal orders or deportation relief please contact Miami immigration attorney Michael G. Murray, Esq. at (305)895-2500 or visit our website at www. mmurraylaw.com .