For migrants who are in the United States and meet a unfavorable resolution to your case that ends in deportationthey must know that There are multiple ways to appeal the decision.. Even, some cases that meet certain requirements may directly request the cancellation of the measure and avoid expulsion from the country.
Within the different immigration situations that exist in the United States and despite the efforts, many times everything ends in deportation. Although in the general conception it is taken as a final decision and the failure of the process, the truth is that in these instances there are still some options.
In certain cases, You can even request cancellation of deportation. According to a document from the University of Miami, this can be requested through EOIR Form 42A, in the case of residents, or EOIR 42B for non-residents. In order to present it, the foreigner must meet some requirements. These are:
- Having been in the country for several years.
- Have a family member who is American.
- Have “good moral character.” This implies not having participated in illegal activities or certain serious crimes.
Beyond complying with each of the items mentioned to be able to request this resource, It is important that the immigrant obtains legal advice and consults with an expert to review the details of your case and make the corresponding presentation.
What can be requested after a deportation from the United States
If you do not qualify to request cancellation, some instances may also be exhausted for the case to be reviewed again and the migrant to try to be authorized to re-enter or remain in the United States. The first option, according to what official sources establish, is request a motion to reopen in the same immigration court that issued the deportation order. This can be done within ninety days of the order being issued and must contain new evidence that is relevant to changing the decision.
The United States provides different instances to appeal a deportation or even cancel an order.
In another instance, can be claimed before the Board of Immigration Appeals (BIA, for its acronym in English) or, if a negative result is obtained there as well, request the intervention of a higher court. In all cases, it is important to seek advice from a professional.
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