Is it possible to avoid immigration removal?
What to do if you are an immigrant and have order of removal
Most of the people who contact Gonzalez Torres Law office are clients worried because they have an outstanding order of removal and are waiting to be deported. This is not necessarily final and the first thing we can do for these individuals is to confirm if the order is final and unappealable. In some cases the client still has time to file an appeal to the board of immigration appeals or to the court of appeals. In another instance, the removal order can be final and what we do at the Gonzalez Torres Law office is investigate if the client is eligible for any kind of collateral relief.
How can I become eligible for “collateral” Immigration benefits?
A large portion of immigrants have stayed in the U.S under orders of removal that are final and unappealable for a number of reasons but thankfully authorities have decided not to enforce the order. At our office, we have cases of immigrants living many years under final deportation orders. In the course of this time, things can change, they get married and have children, maybe they are the victim of a crime, maybe the law has changed in their home country and they become eligible for asylum. Over time a person who lives under a final deportation order for “collateral” immigration benefits, in other words, benefits that were not present before during the removal process from the immigration court. Some examples of how a client might become eligible for collateral benefits are: Asylum based on changed country conditions, DACA, temporary protected status, “provisional waiver”, T-visa, U-visa, or adjustment of status by marriage to a U.S citizen.
What to do if you are an immigrant and have order of removal
Most of the people who contact Gonzalez Torres Law office are clients worried because they have an outstanding order of removal and are waiting to be deported. This is not necessarily final and the first thing we can do for these individuals is to confirm if the order is final and unappealable. In some cases the client still has time to file an appeal to the board of immigration appeals or to the court of appeals. In another instance, the removal order can be final and what we do at the Gonzalez Torres Law office is investigate if the client is eligible for any kind of collateral relief.
How can I become eligible for “collateral” Immigration benefits?
A large portion of immigrants have stayed in the U.S under orders of removal that are final and unappealable for a number of reasons but thankfully authorities have decided not to enforce the order. At our office, we have cases of immigrants living many years under final deportation orders. In the course of this time, things can change, they get married and have children, maybe they are the victim of a crime, maybe the law has changed in their home country and they become eligible for asylum. Over time a person who lives under a final deportation order for “collateral” immigration benefits, in other words, benefits that were not present before during the removal process from the immigration court. Some examples of how a client might become eligible for collateral benefits are: Asylum based on changed country conditions, DACA, temporary protected status, “provisional waiver”, T-visa, U-visa, or adjustment of status by marriage to a U.S citizen.
Possible obstacles to obtain benefits against order of deportation
There are potential obstacles with obtaining the benefits from a removal process. INA section 242(g) states that no court has jurisdiction in a claim from ICE’s decision to remove a person and on the other the section 242(a)(5) and (b)(9) stating that court of appeals is the sole and exclusive way to appeal a final order of removal a noncitizen from the United states, that is way some districts courts states that there’s no jurisdiction to issue a stay of removal while a person pursue collateral relief allowing the ICE to remove the person even though the person is eligible for another immigration benefit
Properly framed case from a good team of lawyers is crucial
At Gonzalez Torres Law, we understand that filing a lawsuit to protect a client’s right to apply for collateral immigration benefits is important. For this reason, and others, this is why what we do is to frame the complaint based on his or her right to apply for and obtain a benefit instead of simply filing a complaint to challenge the ICE decision. Cases in which ICE takes steps to remove a person eligible for collateral immigration benefits are difficult because courts haven’t been consistent in their rulings so having a team on your side capable enough to file an appropriate case, properly framed, is the fundamental basis for obtaining the immigration benefit to which anyone is entitled.
Contact the Gonzalez Torres Law office for any inquiries
If you or a person close to you is having any kind of trouble with the immigration process, contact us by filling out your information or call us at 1 (678) 408-2869 and one of our attorneys will get in contact with you as soon as possible. We are here to guide you through the difficulties of immigration laws in the United state. It does not matter your status, you are entitled to current protections under the law and we can help you.
