What Happens When You are Ordered to Return to Your Home Country
An order of removal can be terrifying. You have been ordered by a court to return to your home country, and must prepare for the prospect of leaving the life you know here in the United States. Here’s what happens if you are the subject of a removal notice.
The Right to Appeal
First, remember that if there is an order of removal entered against you, there is an appeals process. You have 30 days to file an appeal—but that is only if you have reserved that right at your removal hearing (another good reason to have an immigration attorney present). The good news is that so long as you have preserved the right to appeal, while you are waiting for the determination of the merits of your appeal, the removal order is suspended.
If there are no grounds to appeal, you can volunteer to leave the country on your own terms. Why would you do this? First, because you can, to a reasonable extent, schedule your own departure date, which allows you some flexibility and control over your situation. The second reason is that the order of removal will not appear on your immigration record, which could prejudice you in immigration applications down the road.
Waiting to Leave
If you do nothing with the removal order, and you don’t file an appeal, you will likely be able to remain in your home, as the government will need time to arrange the paperwork and travel arrangements for you.
This is supposed to only take 90 days, but can often take longer, because of the government’s backlog and limited resources. Additionally, with countries that have difficult or strained relations with the US, or where there are not a lot of immigrants, the waiting time can be longer. The problem is you could be detained, if there are delays in arranging transportation.
When the government does get the travel arrangements together, it will inform you, and let you know how much you can bring with you. You will have to report to an immigration facility. There is a process where you can request a temporary stay if there is an illness, emergency, or some other condition that would prevent you from leaving at the time the government has scheduled you to do so.
You’ll Have to Show Up
You do not want to simply not show up on the day that you are scheduled to leave. If you do, you will be considered a fugitive, and since Immigration and Customs Enforcement is a law enforcement agency, you may be subject to being arrested (which again can prejudice you later on, if you have another pending immigration matter).
Contact the Palm Beach County immigration attorneys at Devore Law Group to help you understand the path to becoming a U.S. Citizen, and any problems that you may potentially face.