An Order of Deportation may be overcome by showing the Notice was never received. Before notices had to be sent by certified mail, now they can be sent by regular mail. This affords an opportunity for someone who has received an Order of Removal to reopen the case.
Formally the Immigration Service had required that notice for hearing or interviews be sent by certified mail. A much higher burden of proof falls on the respondent if the notice was sent by certified mail. But now in light of the Immigrations more casual approach to sending these notices by regular mail, a Respondent has a greater likelihood of reversing an Order of Removal with proof that the notice was not received.
The Judge may consider affidavits from persons who have knowledge of the facts or as soon as the person learns of the Order; he/she acted quickly to correct it. If the person previously went to Court as required and/or had a strong motive to go such as marriage to a U.S. citizen or a pending Asylum case, then it is not unlikely a Judge would accept this.
A Respondent cannot evade service however by moving and failing to provide Immigration with the required notice of a change of address.
RELIGIOUS WORKERS NEW REGULATIONS
Formally religious workers could apply for a visa at a U.S. Consulate abroad without the Immigration Service’s investigation of the religious organization or the nature of the offer of employment. Now a petition for a religious worker must be filed with Immigration in the U.S. to verify the legitimacy of the employment contract, the bona fide of the religious organization, and proof of the education and experience of the alien beneficiary. The initial period of admission has been reduced from 3 years to 30 months; only one extension of another 30 and months is allowable by the new rules.
If you need help or advise, call us at (212)944-9420
Our assistance is only a phone call, or e-mail communication away!