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#6
07-07-2015, 07:48 PM
Senior Member
From Minnesota
Joined in Nov 2009
5,814 posts
Demise
I asked this question before. Pretty much you'd need to have the proceedings reopened (most likely jointly by asking ICE to consent), and then have them administratively closed or terminated. Problem being that with no legalization pathway they likely wouldn't bother.

There were people who had their proceedings closed or terminated due to DACA, but that's because DACA happened while they were in proceedings. With a final order you'll need to seek reopening, and as I said, you likely won't get it unless you can fix your status somehow.

Final order of removal DOES NOT expire, ever. Either it needs to be vacated by reopening the proceedings, or executed by you being deported or leaving, it won't ever go alone on its own.
There's this really horrible 10 year meme floating around due to incompetent notarios and equally incompetent people. This thing has two possible roots that I can trace:
1) Voluntary departure. If you were given voluntary departure and you didn't leave then that turned into a final order of removal which you are unable to do anything about for 10 years. After 10 years you can seek reopening granted that you have some basis for it.
2) Cancellation of removal for unlawfully present. This is a thing which requires you to have been physically present in US for 10 years (atop of other things like having a citizen relative who'd suffer "extreme and unusual hardship"), counting from the day you arrived, to the date you received a Notice to Appear before an immigration court. Now, big problem here: if you have an order of removal that means that the clock stopped for you a while ago.


Quote:
Originally Posted by dreamer87 View Post
Hi Migz
Is there a reason they choose administratively closed vs termination of removal?
Administrative closure is simply easier. Administrative closure means that there's still proceedings pending against you, but you do not have a final order, nor are they actively trying to remove you. The case pretty much acts like someone pressed a pause button on it. The case can be unpaused at any moment at the request of either side.

Termination of proceedings means the entire case is dismissed. In order for them to try to remove you again, ICE needs to file everything from beginning.

Generally what most lawyers would do is the following, let's say you marry a US citizen after illegal entry.

Your spouse files I-130.
Lawyer tries to get joint reopening with ICE.
Old order goes away, case is once again pending.
Lawyer tries to get administrative closure on your case, since you have a legalization avenue pending and will either try parole or the provisional hardship waiver, and need the proceedings out of the way.
Your case is administratively closed.
You get advance parole.
You travel on parole and return.
Lawyer asks for the case to be put back on the calendar.
Lawyer asks for termination since you have an approved I-130, and are eligible for AOS.
Your case gets terminated.
You file I-485.
You undergo adjustment of status.

Some of these points may not be in exact order, but that's the general idea. To get termination you need to be on the last stretch before the finish line.
__________________
I-360 (VAWA) filed: 08/21/2018 RFE: 02/27/2020 Due: 05/25/2020 Submitted: 05/21/2020
I-360 approved: 11/10/2020
Motion to recalendar filed: 07/29/2022 Motion to recalendar approved: 08/30/2022 Dismissed: 06/07/2023
I-485 filed: 06/17/2023 I-485 Interview: 4/29/2024 I-485 approved: TBD
Last edited by Demise; 07-07-2015 at 08:03 PM..
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