New York Lawyer's Legal Updates

Expedited Removal Order

Author: US Immigration Attorney Alena Shautsova

What is an Expedited Removal Order? How is it different from a regular removal order?

An Expedited removal order opposed to a regular removal order is issued at the border by the CBP agents if a person is found inadmissible due to fraud, misrepresentation, false claims to US citizenship or, the most common situation: lack of the required documents, including lack of a valid passport and failure to demonstrate eligibility for the requested category of admission (i.e., B-2, TN, etc.). Often, it is used against those who are coming on tourist visas, but state that they are intending to engage in employment in the US, or getting married.

When this happens, an individual is likely to spend a night at the CBP detention. Also, the officers who are questioning the arriving individual will create a record of the “inquest.” Make sure to read it carefully and correct any incorrect information before signing it.

Now, the bad part is that “fast” or expedited order makes an individual inadmissible for 5 years. It is issued by a CBP representative and not by a judge. Moreover, an individual is not entitled to see a judge at all during this “proceeding.” A regular removal order is issued by an Immigration judge, often upon conclusion of the removal proceedings or if an individual misses a hearing. A regular removal order can be appealed or proceedings can be re-opened.

Now, the things are getting worse: the expedited order cannot be vacated by a judge. It may only be revoked by the DHS official supervising the operation of the port where the order was issued.

Unfortunately, lawyers do not have much “legal” means to use against unfair orders, mostly persuasion and advocacy. Only if the order is issued based on lack of sufficient documents, based on INA §212(a)(7), one could attempt seeking review of the order by the Port Director or Field Office Director. However, before one is actually “expedited” out of the United States, an attorney may help by arguing that the CBP made a mistake and should reverse its initial determination due some misunderstanding.

Also, a person may instead withdraw his/her request for admission. The visa will be cancelled, but the person will not have the order of removal against him/her.

What, if persecutions did not help and the order remained issued and the individual was sent back to his/her home country? What to do if one gets such an order but now needs to enter the United States? In such a situation, an individual would have to submit an application for a waiver.

An application for a waiver would have to be submitted in the United States after such an individual is found inadmissible due to the expedited order. A waiver is a costly and lengthy process. Consult with an attorney before making a mistake! Call us at 1- 917-885-2261.

25 July 2016
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