Deportation numbers are falling and that means you stand a good chance in your case if you’re facing an order of removal. Did you or someone close to you receive notice about an order of supervision or OSUP, and you’re searching for a detailed explanation? You’ve come to the right place.
In this complete guide, we’ll explain everything you need to know when OSUPs and how they work. We’ll also provide some tips on what to do if you find yourself in trouble with immigration. Let’s get started.
What Is An Order Of Supervision?
An OSUP is an immigration law term for “order of supervision.” It’s a way for the government to keep track of certain immigrants who are in the United States whom ICE has detained and released pending their final deportation orders. The order of supervision is also known as Form I-881.
The final deportation order will set a date for your deportation. However, you may be released on recognizance or granted a stay of removal, which would delay your deportation date. If this happens, you will likely receive an OSUP.
Types of OSUPs
There are two types of OSUPs: discretionary and mandatory. Immigrants who the government believes pose a low risk to public safety receive discretionary orders. The government issues mandatory orders to immigrants who they deem to pose a high risk to public safety.
If you’re under a discretionary order, you must report to an Immigration and Customs Enforcement (ICE) office once every 30 days. If you’re under a mandatory order, you must report to an ICE office once every 7 days.
It is important that you understand the conditions of your OSUP and comply with them; failure to do so could result in arrest and detention. If you are under an OSUP, it is important to understand your rights and seek legal counsel to ensure that you are following the conditions of your release properly.
Release On Recognizance
If ICE detains you and you are awaiting your final deportation order, you may receive a ROR. This means that you are set free from incarceration without having to post bail or pay a bond. However, you must still comply with the conditions of your release, which may include an OSUP.
Stay of Removal
A stay of removal is an order issued by a judge that delays the deportation of an immigrant for a certain period of time. Stays of removal are often granted to immigrants who are in the midst of appealing their deportation orders or who received a humanitarian form of relief.
How Does An Order Of Supervision Work?
An order of supervision is a way for ICE to keep track of your whereabouts and make sure that you are following the terms of your release. It is important to remember that an OSUP does not replace a final order of deportation; it is simply a way for ICE to monitor your movements until deportation.
Once you are set free from ICE custody, you will receive a document that outlines the conditions of your release. You will need to sign this document which is called a Notice to Appear. The Notice to Appear will list the date and time of your next check-in with ICE, as well as any other requirements you must meet.
What Are the Conditions of an Order of Supervision?
The conditions of an OSUP will vary depending on the individual case, but there are some common conditions that are typically imposed. These include:
- Regular Check-ins with ICE
- Attendance at removal proceedings
- Wearing an electronic monitor
- Travel restrictions
- Notifying ICE of any changes in address or employment
- Restrictions on contact with certain individuals
- Prohibition from possessing firearms or other dangerous weapons
What If I Miss an Appointment?
If you are unable to make an appointment, you should contact ICE as soon as possible. For example, if you are going to be out of town on the day of your scheduled check-in, you should let ICE know in advance so that they can make arrangements for you to check in by phone or video conference.
What Is a Humanitarian Form of Relief?
Humanitarian forms of relief include asylum, withholding of removal, and protection under the Convention Against Torture. These forms of relief are granted to immigrants who can demonstrate that they would face persecution or torture if they were deported to their home country.
Can I Get a Stay of Removal Under OSUP?
A stay of removal is a court order that delays the date of your deportation. If you are under an OSUP, you may be eligible for a stay of removal if you meet certain conditions. These include:
- Physically present in the United States for at least 10 years
- Not convicted of certain crimes
- Not ordered removed from the United States within the last five years
- Have strong ties to the United States, such as family or employment
- Not a threat to national security or public safety
What Can a Lawyer Do to Help Me?
If you are under an OSUP, it is important to seek legal counsel as soon as possible. A lawyer can help you understand the conditions of your release and ensure that you are in compliance with them. A lawyer can also help you file for a stay of removal if you are eligible.
Contacting a lawyer is the best way to ensure that you are following the conditions of your release and that you are taking the necessary steps to protect your rights.
Can I Still Get an OSUP If I Was Released on Bond?
Yes, you can still receive an order of supervision if you were set free from incarceration on bond. You must still comply with the conditions of your release, which may include an OSUP. It is important to understand the conditions of your release and to seek legal counsel if you have any questions or concerns.
What Happens If I Violate the Conditions of My Release?
If you violate the conditions of your release, ICE may take you into custody by ICE and detain you until your removal proceedings are complete. Additionally, if you violated the conditions of your release, you become ineligible for a stay of removal or other forms of relief from deportation.
What Is the Final Deportation Order?
If you are under an OSUP and did not receive a stay of removal, you will receive a final deportation order. This is the last step in the deportation process, and it means that you must leave the United States.
If you receive a final deportation order, you should immediately seek legal counsel. A lawyer can help you understand your options and take the necessary steps to protect your rights.
What Happens After I Receive a Final Deportation Order?
If you do not leave voluntarily, ICE will eventually come to your home or place of work and take you into custody. You will then be deported back to your home country.
It is important to understand that once you receive a final deportation order, you will no longer have the opportunity to seek relief from deportation.
This is why it is so important to seek legal counsel as soon as possible if you are under an OSUP. A lawyer can help you understand your options and take the necessary steps to protect your rights.
Can I Return to the States After Deportation?
Generally, no. After deportation from the United States, you will not be able to return unless you obtain a visa from the U.S. embassy or consulate in your home country. It is important to understand that it is very difficult to obtain a visa after deportation.
If you are thinking about returning to the United States after deportation, you should speak with an immigration lawyer to discuss your options.
What Is Immigration Bond?
If you have been detained under immigration law, you may be eligible for release on bond. An immigration bond is a form of financial guarantee that ensures that you will appear for your removal proceedings. If you are set free from incarceration on bond, you will need to pay the amount of the bond to ICE.
If you do not appear for removal proceedings, you will forfeit the bond and may be subject to arrest. It is important to understand that not all people who are held are eligible for release on bond. If you are eligible for release on bond, you should contact an immigration bail bondsman as soon as possible.
How Do I Find An Immigration Bail Bondsman?
We are here to help you navigate your release from detention. All we need is some information about your case and your detention location.
We will determine if you are eligible for release on bond. If you are eligible, we will post the bond, and you will be released from ICE custody.
We’ll do our best to secure your release and assist you in navigating this difficult process.
Get Help with Immigration Law
If you are under an order of supervision, it is important to understand the conditions of your release and to seek legal counsel if you have any questions or concerns. A lawyer can help you file for a stay of removal.
If you’ve been held and are wondering about your options and how to get released, contact us now. We will fight for your release to give you the fighting chance you deserve.