When an alien has a final order of removal, there is nothing preventing the Department of Homeland Security (DHS) from physically deporting that person back to their home country. For many families, the separation caused by physical deportation creates stress and emotional pain for everyone involved.
Hope Through Deferred Action
Fortunately, due to more humane changes in the DHS’s priorities, aliens who have been residing in the U.S. for many years, have strong ties to their community, and who have not committed serious crimes are eligible to extend their period of authorized stay by requesting deferred action from the DHS officers in charge of physical removal. According to an Associated Press analysis of a report by the Department of Homeland Security, the number of deportations has decreased 48 percent since peaking in March of 2011. Part of that decrease is because the DHS is extending people’s stay through deferred action.
How to Apply For Deferred Action
If you have a final removal or deportation order and want to request deferred action, you and your attorney must go to the Immigration and Customs Enforcement (ICE) office and make the request in person. The ICE officers will check your identification and fingerprints to make sure that you do not have any serious criminal history and that your grant of deferred action would not be contrary to their policy. If ICE approves your request, you are allowed to leave the office with an Order of Supervision – paperwork that states you are permitted to remain in the U.S. with a date to return to the ICE office when the officers will check on your situation and decide whether to continue extending your time. Usually these extensions are valid for six months to a year, and while you are on an Order of Supervision, you are eligible for employment authorization.
Let the Atlanta Immigration Attorneys at Antonini & Cohen Help You
ICE doesn’t approve every request, but if you are a fugitive from immigration and are tired of running, this may be a solution for you. In order to present a request for deferred action, it is essential to speak with an attorney to see if your case is a strong one for positive consideration by ICE. An attorney can accompany you to the ICE office and help explain why you deserve a chance.
Please contact the immigration attorneys at Antonini & Cohen if you have questions about Orders of Supervision or an application for Deferred Action. Call us today at 404.850.9394 or complete a contact form.
At Antonini & Cohen, we have been providing energetic, effective and aggressive representation in all areas of American immigration law since 1991.