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Consequences of Removal Proceedings

In some circumstances, foreign nationals may be subject to detention during removal proceedings. There may be a bar against future admission to the U.S. for 5, 10, or even 20 years, depending on the circumstances. In many cases, those ordered removed from the U.S. are permanently barred and will never be able to legally return. A foreign national who is ordered removed from the U.S. due to an aggravated felony may not return to the U.S., may not receive asylum, may not become a citizen, and may not have removal orders cancelled without specific authorization from the Attorney General, which is difficult to obtain.

Because being ordered removed from the US has such grave consequences, it is best if a foreign national should seek competent representation in the removal process. The immigration lawyers at The Law Firm of Shihab & Associates, Co., LPA has decades of experience representing foreign nationals in all types of immigration processes and proceedings. Contact us for a consultation.

What are the consequences if I fail to attend the hearing?

An in absentia order bars the foreign national for 10 years from most forms of relief and adjustment of status. However, you may have a defense if you did not receive oral notice of the time and place of the hearing and of the consequences of failure to appear. You may also have a defense if your failure to appear was due to exceptional circumstances. Failing to attend the hearing without reasonable cause may result in five years of inadmissibility after departure or removal. The attorneys at The Law Firm of Shihab & Associates, Co., LPA have decades of combined experience successfully representing clients in removal proceedings. If you have questions about a master calendar hearing, contact us for a consultation.

What are the consequences if I overstay an order of voluntary departure?

In some cases it may be advantageous to request the immigration judge for a voluntary departure from the United States rather than go through removal proceedings. But if you are granted voluntary departure, but fail to depart within the time specified, you may be subject to a fine of $1,000 to $5,000 and also may be ineligible for most forms of relief and adjustment of status for 10 years.

What are the consequences if I am removed from the U.S. and I reenter illegally?

A foreign national who left the U.S. after a final order of removal, and then reentered the U.S. illegally, is subject to reinstatement of removal once they are discovered. ICE can automatically reinstate a prior removal order from its original date and then remove the person from the United States. The law applies retroactively before it was enacted in 1997. Therefore, a foreign national who was deported/excluded in 1991 and then reentered illegally in 1993, could still be arrested by ICE and subject to an automatic reinstatement of removal even though over a decade has passed. Note that most forms of relief are not available to one subject to reinstatement of removal. However, there are exceptions for those who can seek adjustment of status under certain asylum and refugee provisions.

Contact us for a consultation

If you have questions about removal proceedings, or any other immigration matter, please contact our immigration attorneys or call The Law Firm of Shihab & Associates, Co., LPA at the nearest office close to you to consult with an attorney. The competent attorneys at The Law Firm of Shihab & Associates are experienced in defending foreign nationals in removal proceedings, as well as other areas of immigration. We represent clients nationwide in various matters including green cards and permanent residence, family immigration, immigrant visas, non-immigrant visas, employment visas and H1B visas, investor visas, PERM applications, and many more. We will not tire until we get the desired results for you within the bounds of the law. Contact us for a consultation.

Client Reviews
I had a really hard case then after dealing with many attorneys I decided to work with Mr Shihab and his office and that was the best decision I took, how professional they are, how good and fast they are I was treated from day 1 like a family member not just a client Ramez
Atty. Shihab helped me navigate several issues that I had never faced before... he made it easy and supported me immediately if I had any questions, and his suggestions were top-notch. Avvo user
If you want to hire the best Immigration Attorney, hire Attorney Shihab. He will go above and beyond anyone's expectations, and stays on top of your case. He keeps you informed and up to date on deadlines, interviews and what to expect. Keith
Atty Shihab's record really speaks for itself, but more importantly, each client is treated with the upmost respect and dignity. He and his entire staff makes you feel as if you are the only client in their office. Rhonda
Mr. Shihab was recommended to me when the attorney my sister and I used failed to process our papers on time. From the beginning, I have consistently experienced exemplary service and very thorough knowledge of his profession. Amruta