Please Note: This article was originally published in 2015 and has been updated with current 2017 info. Please Contact Us with questions.
Before initiating any potential travel during the course of your removal proceedings, please know:
- In 2017 – travel during removal proceedings is NOT RECOMMENDED.
The Information below is from the U.S. Citizenship and Immigration Services
What Is the Status of an Alien Who Is Under a Final Order of Exclusion, Deportation, or Removal and Who Departs From the United States?
Such alien would be a “self-deport” and would be subject to the inadmissibility provisions of section 212(a)(9) of the Act. This is true regardless of whether the alien obtained an Authorization for Parole of an Alien Into the United States (Form I-512) prior to departure. While being inadmissible would not preclude the alien from being paroled into the United States, it would preclude the alien from being admitted to the United States or being granted an adjustment of status, unless the alien first applied for and was granted permission to reapply for admission into the United States.
How Can Such an Alien Apply for Permission to Reapply for Admission into the United States?
An alien needing such permission may file an Application for Permission to Reapply for Admission Into the United States After Deportation or Removal (Form I-212), in accordance with the instructions on that form. Form I-212 may be filed prior to the alien’s departure. Persons needing such forms may obtain them through the Service’s Forms Center at 1-800-870-3676.
What Documentation Will Be Issued If the Adjustment Application Is Approved?
After processing is completed, a notice of the decision will be mailed to the HRIFA applicant. Applicants should keep this notice for their records. If the application has been approved, a permanent resident card will be mailed separately to the applicant. To obtain temporary evidence of lawful permanent resident status, the applicant may present the original approval notice and his or her passport or other photo identification at his or her local Service office. The local Service office will issue temporar y evidence of lawful permanent resident status after verifying the approval of the HRIFA adjustment of status application. If the applicant is not in possession of a passport in which such temporary evidence may be endorsed, he or she should also submit two photographs meeting Alien Documentation, Identification, and Telecommunication System (ADIT) specifications so that the Service may prepare and issue temporary evidence of lawful permanent residence status.
Is There Any Special Action That an Applicant Who Had Been in Exclusion, Deportation, or Removal Proceedings Must Take Once the Application Has Been Approved?
No. If the alien previously had been issued a final order of exclusion, deportation, or removal, such order shall automatically be deemed canceled as of the date of the approval of the application for adjustment of status. If the alien had been in exclusion, deportation, or removal proceedings that were administratively closed, such proceedings shall automatically be deemed terminated as of the date of approval of the application for adjustment of status.
What Happens if an Application is Denied by the Service?
If the Service finds that an applicant is ineligible for adjustment of status under HRIFA, the Service will advise him or her of its determination and of the applicant’s right to seek, and the procedures for seeking, consideration of the application by an immigration judge. Depending on the individual case circumstances, those procedures could take one of three different routes as follows:
(1) If exclusion, deportation, or removal proceedings had never been commenced, the Service will issue a Notice to Appear, thereby initiating removal proceedings during which the applicant may renew his or her application for adjustment under HRIFA before the Immigration Court. In such proceedings, an immigration judge shall adjudicate the renewed application.
(2) If exclusion, deportation, or removal proceedings had been initiated and later administratively closed, the Service will advise the alien of the Service’s denial of the HRIFA adjustment application and will move the Immigration Court, or the Board if at the time of administrative closure the Board had jurisdiction over the case, to recalendar or reinstate the proceeding. The previously closed removal proceedings will then be recalendared by the Immigration Court, or reinstated by the Board, as appropriate.
(3) If a final order of exclusion, deportation, or removal had been issued, the Service, using Form I-290C, Notice of Certification, will refer its decision to deny the HRIFA adjustment application to the Immigration Court, which will adjudicate the application in proceedings designed solely for the purpose of such adjudication.
What Happens If an Application Is Denied by the Immigration Court?
If the Immigration Court denies the HRIFA adjustment application of an alien in exclusion, deportation, or removal proceedings before the Immigration Court, the decision may be appealed to the Board along with and under the same procedures as all other issues before the Immigration Court in those proceedings.
If the Immigration Court denies the HRIFA adjustment application of an alien whose case was remanded to the Immigration Court by the Board, the Immigration Court shall certify the decision to the Board for review.
If the Immigration Court denies the HRIFA adjustment application of an alien whose case was referred by the Service for a HRIFA-only inquiry, the alien shall have the right to appeal the decision to the Board, subject to the requirements in 8 CFR parts 3 and 240 governing appeals from Immigration Courts to the Board, including the requirements of filing a Notice of Appeal to the Board of Immigration Appeals of Decision of Immigration Judge (Form EOIR-26) and paying the filing fee.
What Happens If an Alien Fails To Appear for a Hearing Before the Immigration Court on a HRIFA Adjustment Application?
An alien must appear for all scheduled hearings before an Immigration Court, unless his or her appearance is waived by the Immigration Court. An alien who is in exclusion, deportation, or removal proceedings before the Immigration Court, and who fails to appear for a hearing regarding a HRIFA adjustment application, will be subject to the applicable statutory and regulatory in absentia procedures (i.e., section 242B of the Act as it existed prior to the amendments of the Illegal Immigration Reform and Immig rant Responsibility Act of 1996 (IIRIRA) on September 30, 1996, for deportation proceedings, and section 240 of the Act as amended by IIRIRA for removal proceedings).
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