What is Reinstatement of Removal? | Immigration Attorney | Eatontown NJ

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What is Reinstatement of Removal?

Reinstatement of removal is a summary removal procedure pursuant to § 241(a)(5) of the Immigration and Nationality Act.  Generally, the reinstatement statute applies to noncitizens who return to the U.S. illegally after having been removed under a prior order of deportation, exclusion, or removal. Reinstatements generally account for more deportations than any other source.

If you are facing Reinstatement of Removal, you may have options.  You can file for a Stay of Removal explaining why should be allowed to stay in the U.S.  If granted, you may even get employment authorization during your stay.  This is typically done when you are applying or some immigration beneft.  Alternatively, you can file to reopen your prior order of removal.  But keep in mind that generally you can only file one motion to reopen in your lifetime.  So make sure you do a good job with your request.

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