Border patrol is really a police department that has the power to act as judge, jury and executioner. They can issue issue removal orders called “expedited removal orders” at the border even if your pretty clear that you are legally presenting yourself for admission. Expedited removal orders have 5 years bars to re-entry into the U.S. Entering illegally after receiving an expedited removal order can really make matters much worse. Indeed, it’s actual a criminal act, unlike most other immigration violations, and can land one in jail. In fact, most folks in Federal Prison are there for illegal reentry crimes. In addition, illegal reentry can result in a permanent bar and ten years minimum outside of the U.S. But there are some solutions. Expedited removal orders can be challenged and reversed. It involves a motion to reopen filed with the border patrol, documenting your case, and proving that alternative outcomes were more applicable (such as voluntary return or withdrawal of admission, two forms of relief that do not have result in a bar to return). The expedited removal orders can be challenged when they are wrongly issued and to allow you a second chance to legalize your status.

It’s important that one take an expedited removal order seriously. Great care must be take before attempting to file for an alternate means of entering the United States. An expedited removal order can be reinstated even if one is permitted to enter the United States at a later date. This may result in an additional removal on your record which will only make your problems worse.

Another alternative to reopening and voiding an expedited removal order is to seek a waiver. Waivers typically require a showing of extreme hardship to a United States citizen or Lawful Permanent Resident spouse or parent. Unfortunately, hardship to children is usually not considered as that is really automatic considering their dependence on the applicant. That said, hardship to a child is often considered indirectly as it will affect the hardship to a spouse. Extreme hardship typically involves a health issue to the remaining spouse or parent, including a mental health issue. It also be economic if the non-citizen is the primary bread winner for the family.

It is recommended that you contact an immigration lawyer before attempting to enter the United States after an expedited removal.