Anyone who receives an order of deportation will undoubtedly be devasted and in a state of worry and fear. Individuals who find themselves in such a situation should try their best to remain calm and they should reach out to an immigration expert to help them with the legal aspect of their case.
Individuals need to keep in mind that if they get an order from immigration officials and they fail to follow them, they can be penalized severely for their actions. An immigration attorney can guide a person on the best steps they can take to reopen their case and review the deportation order. This can be done through a motion to reopen.
During this motion, a person will explain to the judge why they believe their case should be reconsidered and they should include any supporting laws, facts, and evidence that can help persuade the court to take another look at their situation. The court may consider a motion to reopen a person’s case if the order was received in absentia. This means that the court decision was made without a person being present during the proceedings. However, a person must be able to prove that they only missed their court dates due to exceptional circumstances.
Exceptional circumstances include battery or extreme cruelty to the alien or any child or serious illness and related circumstances. If a person did not receive a notice of their immigration proceedings or they were in custody at the time and they were unable to attend, then the motion may be accepted. The motion may also be accepted if a person’s circumstances changed and they discovered important facts or other evidence that could help prove they deserve to remain in the United States.
Getting in touch with an immigration attorney in New York
Many times, people feel that the immigration judge made the wrong decision due to misinterpretation of immigration laws or new changes in the law. In such cases, a person can file a motion to have their case reconsidered.
An immigration lawyer should be contacted as soon as possible so a person understands their rights and understand their chances of winning their case and remaining in the United States with their loved ones. An attorney can give a person all the options they have at their disposal, so they increase their chances of remaining where they are, and they don’t have to act on the deportation order right away.
Everyone’s case is different, and based on their details, a lawyer can help a person form a defense and file a motion with any new information they uncover.