Law Offices Jon E. Jessen - US Immigration Attorney
Immigration FAQs

US Immigration FAQs

Removal and Deportation

I illegally crossed the U.S. border and was ‘stopped’ by Immigration. I was fingerprinted and photographed. Is this a problem?

That depends. You may have a Border Stop, which ultimately will not prevent you from gaining an immigration benefit, or you may have an Expedited Removal, which is very serious and bars you from gaining an Immigration benefit.

If you were ‘stopped’ by Immigration, especially after April 1, 1997, you may have been placed in Removal Proceedings, or you may have an Expedited Removal Order, meaning that you already have a deportation order.

You need to determine what the stop means and immediately ascertain your Immigration Status in the United States.

Law Offices Jon E. Jessen, LLC can assist you in this matter. Call our office at 1-203-348-3262.

I am in Removal or Deportation Proceeding and I am an Undocumented Alien. What are my options?

Your options depend on whether you are entitled to relief from deportation.
  • You may have a defense to deportation if you are married to a U.S. Citizen or Lawful Permanent Resident, have children who are U.S born or Lawful Permanent Residents, or you have a parent who is a U.S. Citizen or Lawful Permanent Resident, and you can prove ‘exceptional and extremely unusual hardship’ to them in the event that you are deported.
  • Immigration generally interprets ‘exceptional and extremely unusual hardship’ to be more than just financial and emotional hardship. It is a very high standard. You should strongly consider contacting an immigration attorney to develop a legal strategy and evaluate your eligibility for this defense.
  • If you have no relief currently available to you then you may be eligible for Voluntary Departure (the Immigration Judge will give you a maximum of 120 days to leave the U.S. voluntarily).
  • The benefit to taking Voluntary Departure means that you do not have a ‘Deportation Order’. This strategy may assist in your eventual return to the United States. However, you must abide by this agreement and leave the United States on or before the appointed date.
  • Be advised, you may be subject to a three or ten year bar from returning to the United States (three year bar applies if you have been in illegal status for more than six months and the ten year bar applies if you have been in illegal statue for more than one year) once you have physically departed the U.S. There is a waiver available but you must prove ‘extreme hardship’ to your spouse or parent who is a Lawful Permanent Resident (“green card” holder) or U.S. Citizen.
Prepare your defense. Immediately consult an Immigration Attorney. Attorney Jon Jessen is experienced in this area of immigration law. Call our office today at 1-203-348-3262.

An Immigration Judge has ordered me to be deported. Is there anything I can do to stop being deported?

It depends on the circumstances.
  • If you appeared at the Immigration Hearing, and were subsequently ordered deported, you have some administrative remedies available to you. These remedies include:
    • File an Appeal: If you appeared for the deportation hearing and the Judge denied your claim for relief then you can file an appeal with the Board of Immigration Appeals (BIA). The Appeal must be filed with the BIA within 30 days of the Immigration Judge's decision.
    • Federal Court: If the Board of Immigration Appeals (BIA) denies your appeal you may be able to file an appeal with the federal Court of Appeals. This must be filed within 30 days of the BIA’s decision.
  • If you did not show up for the Immigration Hearing and the Immigration Judge issued a deportation order in your absence you have limited options.
    • Motion to Re-Open: If you were not present for the hearing then the Immigration Judge can order you deported in your absence. However, if you can prove that you never received notice of the hearing, or that you missed the hearing due to exceptional circumstances, you may have grounds to file a motion to reopen the deportation order.

DO NOT WAIT. Consult with an experienced immigration attorney immediately to help determine the best course of action. Law Offices Jon E. Jessen, LLC can direct years of experience dealing with deporation matters to assist in your defense. Call us today at 1-203-348-3262.

What is an Expedited Removal?

An Expedited Removal is a Deportation Order. The Removal order issued at the border directly by Immigration is given to individuals caught trying to cross the border and enter the U.S illegally.

I have an Expedited Removal. Can I have it reopened?

At this time, under most circumstances, there is no procedure to reopen an expedited or of removal nor is there a procedure to have the order reviewed by a court.

My relative has been deported, from the United States. How can they re-enter the U.S legally?

  • Your relative may be eligible to file an I601 and I212 waiver to the deportation. If approved the waivers may enable him or her to return to the U.S.
  • An I-212 Waiver is required to forgive a deportation order.
  • An I-601 Waiver is required if your relative has lived in the United States illegally for more than six months.
  • Obtaining either of these waivers is generally complicated and may take several years to process.
Circumstances are different in each case. It is important to consult with an experienced immigration attorney to find out if your relative is eligible to return to the United States.
Law Offices Jon Jessen, LLC can assist you with this type of issue.

Schedule your consultation today. Call 1-203-348-3262 or schedule online

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