Getting Asylum After an Order of Deportation
Deportation orders prevent many immigration benefits. For example, the Citizenship and Immigration Service will reject green card applications filed by foreigners who marry U.S. citizens after they have been ordered deported (also known as removal). Filing a motion to reopen is their only remedy.
Motion to ReopenJust as with marrying a U.S. citizen, foreigners may also be able to reopen their cases based on problems in their home country. This would be done by applying for asylum. To be granted a motion to reopen, applicants must assert that the application for which they are applying was previously unavailable. This requires asylum applicants to prove that the country conditions in their homeland have changed or substantially worsened.
Changed Country ConditionsApplicants can submit a motion to reopen based on changed country conditions if there is material evidence which was unavailable at the time the applicants were previously in removal proceedings. BEWARE: courts will inspect the evidence presented to be certain that there was no way that it could have been obtained before.
Courts Must Consider the EvidenceIn 2007, the Eleventh Circuit Court of Appeals - which controls the state of Florida -- ruled that Immigration Judges (or higher courts) must consider evidence of worsening conditions submitted with a motion to reopen. Ultimately, asylum applicants will need to present ample evidence and an extremely, well-written motion detailing how the situation has worsened and why they are currently eligible for asylum.
Talk to an Immigration ExpertApplications for asylum presented in motions to reopen are among the most complex areas of immigration law. Thus, asylum applicants should always consult an immigration expert prior to submitting these cases to ensure the greatest likelihood of success. Although the author is a Board-certified immigration expert, this guide is intended as general information and not specific legal advice. This communication does not create an attorney-client relationship. Schedule a consultation with an attorney to address individual concerns.