Colorado residents may be familiar with the story of a man who was sent back to Mexico after 30 years in the United States. While the man was just recently deported, his immigration status had been in question since the Obama administration. The man had tried to obtain legal status in 2002, but his attorney made errors in following proper protocols, which led to his selection for removal.
The man had been brought to the country by his uncle when he was 10-years-old. At the time of his deportation, he had been married for 15 years and had two children with his wife who is a United States citizen. It will likely take at least 18 months to resolve the matter, and it is not clear if the man will ever be allowed to return to the United States.
As a general rule, ICE has the ability to take undocumented individuals into custody at their discretion. This is typically true even if they initially declined to take action or choose to defer removal proceedings to a later date. Those who believe that they are a target for removal from the United States may benefit from talking to an attorney in a timely manner. Legal counsel may be especially helpful to those who struggle to read or speak English.
An attorney may be able to review an individual's immigration status and possible develop strategies to help avoid deportation. This may be done by asking to give an individual more time to obtain legal status in the country or by making a request for asylum. If a stay is granted, it may enable an individual to obtain a green card or a visa to remain in the country on a temporary basis.