Answers to these questions and what actually happened at the border can have serious consequences on options available to you. U.S. Customs and Border Protection (CBP) – the agency you encounter when trying to enter the U.S., can issue removal orders called “expedited removal orders” at the border even if you legally present yourself for admission. Expedited removal orders have 5 years bars to re-entry into the U.S. Illegal re-entry after receiving an expedited removal order can make the situation much worse. This can result in a permanent bar and ten years minimum outside of the U.S. But not all hope is lost. Even expedited removal orders can be challenged and overturned. It takes working with the agency well, documenting your case, and arguing that alternative relief was more applicable (such as voluntary return or withdrawal of admission, two forms of relief that do not have the sting of a removal order). The expedited removal orders can be challenged when they are issued in error to allow you a second chance to legalize your status.
It’s vital to speak with an immigration attorney to find out what happened when you were caught at the border before you file any immigration paperwork and expose yourself to the government. Applying for admission during the time you are barred, even without knowing about the order, could lead to reinstatement of the removal order, your immediate detention, and removal from the United States. Having two removal orders carries a 20-year bar to returning to the U.S. In addition, an illegal reentry after a removal order triggers the permanent unlawful presence bar, and can lead to criminal prosecution.
If you cannot overturn or reverse the expedited removal order, you may have another option to come back before the five years. You may be able to seek permission to reapply for admission before the time bar is completed. This application for permission requires a great deal of supporting evidence.
SGG’s team of immigration attorneys regularly help determine if a removal order exists and help clients navigate through requests for records from CBP and the federal government agencies to determine what really happened during encounters at the land or airport entry point in which an individual was turned back to their home country and refused entry, saw time in secondary inspection, and were not sure what happened as all paperwork is lost. Contact us today to work with our team to know once and for all your options so there’s no surprises when you have so much on the line.