If you did not appear at your removal hearing, this probably means that an immigration judge will have ordered your removal in absentia, that is, while you are absent from court. If this happens, then this would leave you unable to submit applications for things such as voluntary departure, cancellation of removal, or an adjustment of status for ten years. This could also lead to deportation, unless you take the right steps. As this is a deeply complex part of law, you will certainly need an immigration lawyer on your side to help you with this issue.

Sometimes, you may still be able to file a motion to reopen your removal case. In order to ask for your removal process to be reopened, there are a few things that have to be true of your situation. For example, you may be able to prove that you did not get your Notice to Appear, which is the document that informs you about when your hearing was supposed to be. This might be the case if the notice was sent to the wrong address or it got lost in the mail. (You need to make sure that an immigration court always has your updated address.) You will need affidavits to prove that you did not get the notice to appear. Perhaps your attorney was aware of the notice to appear, but failed to tell you. In this case, you can ask to reopen your case because of ineffective assistance of counsel.

Your other option for filing a motion to reopen would be to prove that you missed your hearing because of an extreme situation, in which case you have 180 days from the day of your originally scheduled removal hearing to file a motion to reopen. You will have to pay a filing fee, which could be $110. An exceptional circumstance would be something like someone in your family falling gravely ill or dying. What if you were late to your hearing? You could still be ordered removed in absentia, but you may be able to prove that you were in a car accident, for example, and that is why you were not in time.

If successful with the motion to reopen your case, then you will get a new hearing scheduled, during which you can submit immigration applications. If you are not eligible to file for this motion to reopen, however, then you may be able to submit an application for discretionary relief from Immigration and Customs Enforcement (ICE). This would mean applying for a stay of removal or for deferred action. A stay of removal usually means being allowed to stay in the United States for up to a year, though sometimes you may be able to stay indefinitely if you keep renewing this stay. During the time you are allowed to stay, you might be able to get a work permit too. To get this stay, you would need to bring proof, establishing your reasons for remaining in the country longer. This Application for a Stay of Deportation or Removal is called Form I-246.

Deferred action might also enable you to work during your stay, which could give you up to an extra two years, and it likewise can be renewed many times. One of the instances where you could get deferred action is if you or a loved one is gravely ill, necessitating medical care in the United States. An experienced immigration lawyer can help you better understand your legal options and help you to act quickly so that you can your get immigration processes back on track, even after having been ordered removed. Call a qualified attorney today!