Quote:
Originally Posted by dreamer00
Ok I am looking at my Notice to appear and what it exactly says.
Under Limitations on discretionary relief for failure to appear
"You have been scheduled for a removal hearing, at the time and place
set forth on the attached sheet~ Failure to appear for this hearing
other than because of exceptional circumstances beyond your control**
will result in your being found ineligible for certain forms of
relief under the Immigrati.on and Nationality Act (see· Section A.
below) for a period of ten. (lO} years after the date of entry of the
final order of removal. "
So because my 10 years is just around the corner - shouldn't I be able to file for adjustment without extra requirements?  |
No, the final order of removal in abstentia aka deportation order is still in effect. The paperwork never said the order itself expired.
You would actually be required to file a motion to re-open with the immigration court that decided on your case first. Also, you can only file a motion to re-open once...and have to make it count!
Proceedings or orders would have to be terminated first. You might wanna read
this.
This is what currently applies.
Quote:
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B) Failure to attend removal proceeding.-Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.
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