Order Of Removal
An order of removal from the U.S. Immigration Department is a formal term given to the fact that an individual has no right to remain in the United States. In most cases, this type of decision is made by an immigration judge. A judge will give out an order of removal in two main scenarios.
When you fall into the category of inadmissible it means that somewhere in the U.S. law it states that you're not allowed to enter the country. The U.S. has various categories of people who are deemed unable to enter the United States.
People who fall into the deportable category did initially have the right to come to the US. Most people were given a visa or a green card. However, they have done something that has revoked their right to remain in the country. Your deportation attorney can inform you of whether or not your crime should affect your citizenship status.
If you've received an order of removal, you'll be physically escorted out of the country via Immigration and Customs Enforcement (ICE). This removal process will take place within 90 days from the date of the order of removal. Those who committed a specific type of crime will be held in a detention center and deported from there. They will not receive any sort of bond or pre-removal conditions.
Once you are physically removed from the United States, you are deemed inadmissible. Inadmissible simply means that you're unable to re-enter the United States. The period of inadmissibility is different for everyone and is based on the reason that you were deported in the first place.
Most individuals will receive inadmissible status for about ten years. However, this time period can be as little as five years or simply permanent for their lifetime. With the help of a deportation lawyer Los Angeles, you can try to get this inadmissible period set at a short number.
Discretionary Grant Of Voluntary Departure
Any good deportation immigration attorney will instruct you to go for voluntary departure status. This status simply allows you to exit the country on your own instead of being physically removed by ICE. There will be a set deadline that you will receive that you have to exit the country by to legally follow the order.
You can have your immigration lawyer Los Angeles file for a voluntary departure with ICE or your immigration judge. It really depends on where you are in your process of deportation to figure out who you should ask for voluntary departure. Your deportation lawyer Los Angeles will be able to tell you the best time to try and file for a voluntary departure.
It's very important to note that a voluntary departure is not always possible. It runs on a case by case scenario. An experienced deportation attorney will be able to tell you if a voluntary departure is something you can file for or not. There are specific eligibility requirements that they're familiar with. Many have to do with the type of crime you committed.
Certain offenses will eliminate your ability to file for a voluntary departure right off of the bat. With other offenses, it's really up to the immigration officer or judge to determine if you're allowed to file for voluntary departure. There's no strict law stating that you have to be given a voluntary departure.
Benefits Of Voluntary Departure Status
When you get a voluntary departure with the help of your deportation immigration attorney, there are many benefits you'll gain over being given an order of removal. First, you can enjoy the dignity of making your own travel arrangements and not being physically escorted out of the country. With a simple bond payment, you'll be given a date that you need to leave by.
The second major benefit of a voluntary departure is that you aren't given a period of inadmissibility. As long as you haven't been in the U.S. for more than a year, you can voluntarily leave and still be eligible for readmittance in the future. The law gets trickier if you've spent more than a year in the United States. While you won't be given an inadmissible status as a result of your voluntary departure, you can still be subject to inadmissibility for other reasons.
Wading through the complicated world of deportation requires the assistance of an experienced immigration lawyer Los Angeles. You only get one chance to try and get the best possible solution for a voluntary departure. So, you should ensure you understand your rights and have a knowledgeable aid on your side throughout the entire deportation process.