With the recent expansion of expedited removal, many undocumented immigrants fear the risk of rapid deportation without due process. However, one potential safeguard is having a pending immigration case, which can help provide protection from expedited removal. Understanding how a pending case offers protection from expedited removal is crucial for anyone at risk. Here’s how it can serve as a crucial defense against expedited removal and what you need to know to safeguard your rights.
What Is Expedited Removal?
Expedited removal is a fast-track deportation process that allows immigration officers to deport certain undocumented individuals without a hearing before an immigration judge. Traditionally, this process was limited to individuals caught near the U.S. border who had recently entered the country. However, under the expanded policy, protection from expedited removal is now more important than ever, as the policy now applies anywhere in the U.S., affecting those who cannot prove they have lived in the country continuously for at least two years.
How a Pending Immigration Case Protects Against Expedited Removal
Having a pending immigration case can offer critical protection from expedited removal by:
1. Establishing Your Legal Presence
A pending case indicates that you are actively seeking legal status or resolution through the immigration system. Immigration officers may be less likely to subject you to expedited removal since your case demonstrates an effort to comply with U.S. immigration laws.
2. Providing Evidence of Continuous Presence
Many immigration cases, such as asylum, cancellation of removal, or adjustment of status, require submitting documentation that can also serve as proof of your physical presence in the U.S. Having these records can help you counter claims of inadmissibility.
3. Ensuring Due Process
A pending case grants you the opportunity to present your case before an immigration judge, a right that expedited removal does not provide.
4. Offering Temporary Protections
Some pending cases, like an asylum application or U visa petition, may offer temporary protections, such as deferred action or a stay of removal, while the case is under review.
Types of Immigration Cases That Offer Protection
Not all pending cases automatically shield you from expedited removal, but certain petitions can help, including:
- Asylum Applications – Show that you fear persecution in your home country.
- Family-Based Petitions (I-130) – Establishes a path to permanent residency through a U.S. citizen or permanent resident family member. For a detailed guide on completing and filing Form I-130, check out our blog: How to File Form I-130 Petition for Alien Relative.
- Cancellation of Removal – Filed as part of removal proceedings to request relief based on long-term residence or exceptional hardship.
- VAWA Petitions – For victims of domestic violence seeking legal status independently of an abusive spouse or parent.
- U Visa or T Visa Applications – For victims of crime or human trafficking who assist law enforcement.
How to Protect Yourself With a Pending Case
If you fear expedited removal, take these essential steps:
1. File Your Case Promptly
If you qualify for immigration relief, filing as soon as possible documents your presence in the U.S. and starts legal protections.
2. Keep Proof of Your Pending Case
Always carry copies of your application receipt notices, USCIS documents, or immigration court papers to show your case is active.
3. Maintain Updated Records
Ensure that your address is current with USCIS or the immigration court to receive all official correspondence about your case.
4. Work With an Experienced Attorney
A qualified attorney can guide you on which cases might apply to your situation and help you file the necessary paperwork to maximize protection from expedited removal.
5. Know Your Rights
If approached by immigration officers:
- Stay calm and do not provide unnecessary information.
- Show proof of your pending case, if requested.
- Assert your right to speak with a lawyer.
What to Do if You’re at Risk
If you believe you could face expedited removal, take immediate action:
- Consult with an immigration attorney to review your options.
- File for any immigration benefits you may qualify for to establish legal status.
- Avoid traveling to areas where immigration checkpoints or enforcement actions are common.
➡ Additional Tip: Keeping digital copies of important documents and having a trusted contact aware of your case details can be crucial in emergencies.
Conclusion
While expedited removal is a concerning development for many undocumented individuals, having a pending immigration case can serve as a critical layer of protection, preventing immediate deportation and ensuring due process. The expansion of expedited removal makes it more important than ever to protect your rights. By staying informed, documenting your presence, and working with legal professionals, you can take proactive steps to safeguard yourself and your loved ones.
Don’t wait—filing your case now may provide the best protection against removal. Contact Qazi Law Offices for expert legal guidance.
📞 Call us today at 630-504-0648 or book an appointment with Attorney Farrah through this link. Let’s work together to protect your future.
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