The Consequences of Traveling While in Removal Proceedings

As an immigrant in the United States, there are certain legal processes and procedures that you must follow in order to maintain your status and avoid any potential consequences. One of these processes is removal proceedings, which can be initiated by the government if they believe that you are no longer eligible to stay in the country. However, many immigrants may not realize that traveling while in removal proceedings can have serious consequences. In this article, we will discuss the potential outcomes of traveling while in removal proceedings and how it can impact your case.

Understanding Removal Proceedings

Before we delve into the consequences of traveling while in removal proceedings, it is important to understand what these proceedings entail. Removal proceedings, also known as deportation proceedings, are initiated by the U.S. government when they believe that an individual is no longer eligible to stay in the country. This can be due to various reasons, such as violating immigration laws or committing a crime. During removal proceedings, an immigration judge will review the evidence and arguments presented by both the government and the individual in question. The judge will then make a decision on whether the individual should be allowed to stay in the country or if they should be removed.

The Impact of Traveling While in Removal Proceedings

If you are in removal proceedings and decide to leave the country without obtaining a travel document or without the permission of the immigration judge, you may be considered to have abandoned your permanent residence. This means that you have given up your green card and will not be allowed to re-enter the United States. This can have serious consequences for your immigration status and may make it difficult for you to return to the country in the future. Additionally, if you are in removal proceedings and leave the country, you may be considered to have “self-deported.” This can negatively impact your case and make it more difficult for you to fight your removal proceedings. The government may argue that you have voluntarily left the country and therefore do not have a valid reason to stay in the United States. This can result in a quicker and more unfavorable decision from the immigration judge.

The Importance of Obtaining a Travel Document

If you have urgent travel plans while in removal proceedings, it is important to obtain a travel document before leaving the country. This document, also known as a “permit to re-enter,” will allow you to leave the country and return without any negative consequences. It is important to note that this document must be approved by the immigration judge and should be obtained before making any travel arrangements.

Fighting Your Removal Proceedings

Traveling while in removal proceedings can also have an impact on your ability to fight your case. If you are not present for your court hearings, the judge may issue a removal order in your absence. This can make it difficult for you to present your case and provide evidence to support your claim to stay in the country. It is important to attend all scheduled court hearings and to inform the court if you have any travel plans.

Conclusion

In conclusion, traveling while in removal proceedings can have serious consequences for your immigration status and your ability to fight your case. It is important to obtain a travel document before leaving the country and to attend all scheduled court hearings. If you have any urgent travel plans, it is best to consult with an immigration lawyer to ensure that you are following the proper procedures and avoiding any potential negative outcomes.

Frequently Asked Questions

1. Can I travel while in removal proceedings if I have a valid visa?
   • It is not recommended to travel while in removal proceedings, even if you have a valid visa. It is best to obtain a travel document and consult with an immigration lawyer before making any travel plans.
2. What happens if I leave the country without obtaining a travel document while in removal proceedings?
   • If you leave the country without a travel document, you may be considered to have abandoned your permanent residence and may not be allowed to re-enter the United States.
3. Can I fight my removal proceedings if I have left the country?
   • It may be more difficult to fight your removal proceedings if you have left the country, as the government may argue that you have voluntarily left and do not have a valid reason to stay in the United States. It is best to consult with an immigration lawyer before leaving the country.