The Supreme Court, which can override decisions that have been made by the Board of Immigration Appeals and the Federal Circuit, you will be able to submit further appeals. As until you’ve turned to the Supreme Court for assistance, there is still hope that you’ll be able to remain in the United States. Regardless of whether you’re currently facing possible deportation for breaking an immigration law as a Green Card holder, overstaying a temporary Visa, or entering the country without authorization as an illegal alien.
What Happens If You Lose An Appeal?
When you lose an appeal, you can opt to accept your deportation or to try to submit another appeal to a higher authority. For example, if you have submitted an appeal to the Board of Immigration Appeals and lost your appeal, you’ll be able to lodge an appeal to the Federal Circuit. As the Federal Circuit has the authority to overrule decisions that have been made by the immigration courts and the Board of Immigration Appeals. Also keep in mind that the ultimate authority when it comes to deportation orders is held by the Supreme Court, which has the power to overrule decisions that have been made by the Federal Circuit.
However, if you don’t want to invest further time, energy, and money into submitting another appeal, you also have the option of accepting your deportation order. If you choose to accept your scheduled deportation, you’ll be expected to turn up to the specified location at the exact time and date which you’ll place on your deportation order. If you do not turn up at the specified location on time, Immigration and Customs Enforcement, which is also known as ICE will be notified and will be authorized to track you down and detain you.
If Your Appeal Is Lost Through The Board Of Immigration Appeals
If you’ve only lost one appeal, an appeal through the Board of Immigration Appeals, and decide to fight your deportation order, your next step will be to submit an appeal to the Federal Circuit. If you choose to take this route it’s very important to apply for an extension to your deportation date. As it’s highly likely that you’ll have to wait a minimum of several months before you receive an answer from the Federal Circuit. In some cases, you’ll have to wait 8-12 months or longer to find out whether your appeal has been granted or not. Unfortunately, many individuals who seek to fight their deportation orders by appealing to the Federal Circuit, forget to apply for an extension and are deported from the United States before the Federal Circuit has made a decision about their appeals.
If Your Appeal Is Lost With The Federal Circuit
If you get to the stage where you lose an appeal with the Federal Circuit, you will have received two appeal rejections from the Board of Immigration Appeals, the Federal Circuit. If this happens your best option is to discuss whether you want to appeal to the Supreme Court or whether you’re willing to accept deportation. If you get to this stage in the appeals process, it’s well worth weighing up the costs of choosing to appeal to the Supreme Court and whether it makes better sense to return to your country of origin or to submit one last appeal.
One scenario in which you may want to go ahead and lodge an appeal with the Supreme Court is if you are scared about your safety if you were to return to your home country. In this case, it’s well worth having an immigration attorney who has plenty of experience dealing with asylum seekers, to assist you with your final appeal.
If You Accept Deportation
If at any stage in the appeals process, which gives you three chances to submit an appeal to fight your deportation, you decide to accept deportation there will be several negative consequences of your deportation. The most significant of which is that it is likely that you’ll have to wait for several years to pass until you’re permitted to enter the United States again. Depending on the reason for your deportation, you’ll be ordered to remain outside of the United States until a specified number of years has passed. Do keep in mind that this number is not set in stone and will vary from person to person.
However, there are some guidelines that may provide you with a fair estimation of how long your ban is likely to be. For example, if you have never been deported from the US before, your ban is likely to be shorter, just 5-10 years. Whereas if you have been deported from the United States on a previous occasion, you are more likely to be barred from entering the country for 15-20 years.
Even if your immigration appeals are rejected and you find yourself being forcibly removed from the United States, you may be able to enter the country before your ban has expired. By applying for a waiver, that will allow you to petition for a new temporary Visa or permanent Visa in order to reenter the country. As a simple example, if you have a parent or spouse that is a full US citizen, they may be able to sponsor you to petition for a new Green Card. That will allow you to reenter the country if your waiver is approved.
Conclusion
While it may be disheartening to lose an appeal such as an appeal to the Board of Immigration Appeals or the Federal Circuit, you’ll still be able to escalate your appeal further. With the aid of an experienced immigration attorney. Also, understand that at any time you can choose to accept your deportation order if you don’t have the means to continue submitting appeals to reverse your deportation order. After each appeal you always have two options, to continue fighting your deportation or to accept it, unless you have an appeal denied by the Supreme Court.
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