MANNY and his wife entered the United States in 1984 seeking a better life. Manny and his wife started working and overstayed his visa. After 10 years, Manny and his wife bought their first house after having four beautiful children. They were living the American Dream, but unfortunately, they did not have legal immigration status.
The US Immigration Service finally caught up to Manny and his wife in 2000. The couple was placed in removal proceeding. The couple was not adequately represented and was ordered deported. After many failed appeals and motions to reopen, Manny and his wife decided to remain in the US despite his outstanding deportation order. He carried on with his usual life, but essentially had become a fugitive of the law.
Recently, Manny and his wife received a dramatic wake-up call from the US government. Immigration and Customs Enforcement (ICE) raided Manny’s house and arrested both him and his wife in efforts to execute the outstanding deportation orders. Manny and his wife were taken into custody for immediate deportation.
Luckily, Manny’s oldest child, now 21, came to our office seeking assistance. Although, deportation seemed imminent, we fought for Manny and his wife even when there seemed to be no hope. We filed an application for stay of removal. An application for stay of removal basically is a request made to the deportation officer, asking for a favorable exercise of discretion to withhold deportation. This type of application is purely discretionary. We conveyed to the government that Manny and his wife have been hardworking individuals with an established family in the United States. They were law abiding individuals and risks losing everything in the US if they were deported. If given enough time, Manny and his wife would perhaps be able to reopen their case and adjust their status. Last week, ICE approved our application for stay of deportation. Manny and his wife were released and given 6 months to complete their case.
Now, Manny’s son can petition for him and his wife. Once the petition is approved, it will give them with an immediate visa available. Then, we would proceed to reopen their deportation case in court. Once their case is reopened, Manny and his wife would finally be able to adjust their status in the United States.
An application for stay of removal is just one of many types of relief available after deportation or removal has been ordered. Nevertheless, relief is not easily obtained. Each case varies with its own unique facts. If you have been ordered deported or have a loved one that has been ordered deported, we urge that you take action now. Seek a competent and reliable immigration attorney who is able to assess your case. Don’t wait until ICE comes knocking on your door. There is still hope.
At Wilner & O’Reilly, we have former immigration officers, board certified specialists and experienced attorneys. Our priority is to ensure that you are completely informed of all your options and relief. All our lawyers have experience in handling such cases and we can find you solutions. We are immigration experts you can trust!
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Kelly O’Reilly is a nationally known immigration expert and former immigration officer. He is a highly sought after speaker on immigration and employment compliance issues. Mr. O’Reilly serves as the current chair of the Riverside County Bar Association Immigration section and is a partner in the full-service immigration firm of Wilner & O’Reilly where he provides free consultations. Mr. O’Reilly can be contacted at (562)207-6789 or he welcomes email inquiries at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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