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DAP Forums > DREAM Act > The Lounge

Final Order - Page 3

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#21
01-30-2017, 02:55 AM
Senior Member
From AZ
Joined in Jul 2009
455 posts
SuperGSPorty
60 AP
Quote:
Originally Posted by anitagreencard View Post
It really sucks that we booked this trip prepaid (before the elections)..

I was planning on filing a joint motion to re-open and close my case next month after the trip.

Anyone know if a joint motion to re-open is more difficult than a i-212? Because if it is, I might as well risk it..

A part of me feels like its okay because isn't that the point of Deferred action? To protect us from deportation?
But then again, these new orders are affecting green card holders..

I do agree that it's best not to travel with a final order until it's clear that DACA recipients are still safe. I'm gonna give this some thought over the next few days.. The only reason I feel a sense of assurance is because I have potential pathways.
I've seen immigration attorneys reopen the order and using DACA to close it by:
1. Paying fee at a USCIS location with a cashiers check from personal bank
- the officer will provide a stamped receipt, sometimes they also stamp the motion
2. The motion to reopen is sent to EOIR and a copy is mailed to DHS
3. Shortly after you will receive correspondence regarding judges position to reopen with a notice to appear
4. At hearing you submit a motion requesting consideration for admin. closure
-again Judge gets the original motion and DHS obtains a copy
-in motion mention that you are not a flight risk and discuss your good moral character, discuss how the case merits closure to avoid using court resources on this case versus serious priority cases, insert copies of approval notices, positive factors as exhibits
*if you do not feel comfortable doing this definitely hire an attorney
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#22
01-30-2017, 05:33 AM
Senior Member
Joined in Jun 2007
1,092 posts
txgirl
0 AP
Quote:
Originally Posted by anitagreencard View Post
It really sucks that we booked this trip prepaid (before the elections)..

I was planning on filing a joint motion to re-open and close my case next month after the trip.

Anyone know if a joint motion to re-open is more difficult than a i-212? Because if it is, I might as well risk it..

A part of me feels like its okay because isn't that the point of Deferred action? To protect us from deportation?
But then again, these new orders are affecting green card holders..

I do agree that it's best not to travel with a final order until it's clear that DACA recipients are still safe. I'm gonna give this some thought over the next few days.. The only reason I feel a sense of assurance is because I have potential pathways.

No offense but have you consulted with an attorney? If you have, have you gotten a second opinion? I-212 is a waiver and as it stands you don't have a pending case to need this waiver. Second, you cannot file a joint motion without actually getting the trial attorney at the venue where your order comes from to actually agree to join you, this is assuming your case isn't with the BIA.
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#23
01-30-2017, 10:51 AM
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Joined in Apr 2009
3,098 posts
fl_dreamer
0 AP
I travel for work every week. People on here need to calm the hell down. They only check for your state ID for Domestic travel. Nothing has changed. You are not going in and out of the country.
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#24
01-30-2017, 10:56 AM
Junior Member
Joined in Feb 2016
19 posts
Fpan87
0 AP
Hey Anita, I have the same trip planned for Vegas this up coming month. Truth be told I think we should be fine as long as our DACA stays valid and we are traveling domestically. By following the logic of the other members on here, we might as well stay home and lock the doors until trump is done. Lol. Final order or not, DACA shields you from removal, that's the purpose of it and as long as it's not rescinded, we're fine for now. But I will email my attorney to confirm and let you know shortly.

Have a great time there, vegas is great. This is going to be my second time there.
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#25
01-30-2017, 11:40 AM
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Joined in Feb 2012
775 posts
juvi
0 AP
wrong thread
Last edited by juvi; 01-30-2017 at 12:50 PM..
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#26
01-30-2017, 11:41 AM
Senior Member
Joined in Feb 2012
775 posts
juvi
0 AP
Quote:
Originally Posted by SuperGSPorty View Post
I've seen immigration attorneys reopen the order and using DACA to close it by:
1. Paying fee at a USCIS location with a cashiers check from personal bank
- the officer will provide a stamped receipt, sometimes they also stamp the motion
2. The motion to reopen is sent to EOIR and a copy is mailed to DHS
3. Shortly after you will receive correspondence regarding judges position to reopen with a notice to appear
4. At hearing you submit a motion requesting consideration for admin. closure
-again Judge gets the original motion and DHS obtains a copy
-in motion mention that you are not a flight risk and discuss your good moral character, discuss how the case merits closure to avoid using court resources on this case versus serious priority cases, insert copies of approval notices, positive factors as exhibits
*if you do not feel comfortable doing this definitely hire an attorney
Where they successful in reopening?
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#27
01-30-2017, 11:57 AM
Senior Member
From Minnesota
Joined in Nov 2009
5,990 posts
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Demise
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Quote:
Originally Posted by juvi View Post
Where they successful in reopening?
This is what I want to know. Every single lawyer I talked to didn't want to touch a removal order without an I-130 approval. I wrote to ICE in Phoenix if they'd join me in reopening so I can do AP, but they simply said they "weren't convinced".

To Anitagreencard:

Also, another thing, I-212 is hard to get approved, but not much harder than I-601, meaning that if I-601 will be approved, I-212 will 99% of the time be as well. Bigger problem is if you were ordered removed in absentia (i.e. didn't show up to the court), because that triggers another 5 year ban for which there is no waiver (aside esoteric things like 212(d)(3) non-immigrant visa waiver).

So if you were removed in absentia you need to get reopening unless you want to spend 5 years outside US. Then you'll seek closure so you can file I-601A, if they don't agree take voluntary departure and do I-601.
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#28
01-30-2017, 02:22 PM
Senior Member
Joined in Sep 2007
832 posts
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anitagreencard
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Quote:
Originally Posted by txgirl View Post
No offense but have you consulted with an attorney? If you have, have you gotten a second opinion? I-212 is a waiver and as it stands you don't have a pending case to need this waiver. Second, you cannot file a joint motion without actually getting the trial attorney at the venue where your order comes from to actually agree to join you, this is assuming your case isn't with the BIA.
Honestly haven't consulted an attorney but I plan on it for this journey. I don't understand the process enough to do anything myself. I mentioned i-212 in case I suddenly get the boot one day.
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Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#29
01-30-2017, 02:35 PM
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Joined in Sep 2007
832 posts
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anitagreencard
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Quote:
Originally Posted by Demise View Post
This is what I want to know. Every single lawyer I talked to didn't want to touch a removal order without an I-130 approval. I wrote to ICE in Phoenix if they'd join me in reopening so I can do AP, but they simply said they "weren't convinced".

To Anitagreencard:

Also, another thing, I-212 is hard to get approved, but not much harder than I-601, meaning that if I-601 will be approved, I-212 will 99% of the time be as well. Bigger problem is if you were ordered removed in absentia (i.e. didn't show up to the court), because that triggers another 5 year ban for which there is no waiver (aside esoteric things like 212(d)(3) non-immigrant visa waiver).

So if you were removed in absentia you need to get reopening unless you want to spend 5 years outside US. Then you'll seek closure so you can file I-601A, if they don't agree take voluntary departure and do I-601.
Hey Demise, this is the timeline:

- Entered the US with parents on July 1993 with a tourist visa.
- My parents applied for political asylum.
- The case was denied. However, we were granted voluntarily departure on May, 2000. (I was 10 years old)
- Failing to depart voluntarily, the final order was issued.
- November 2016, I married my USC wife

From my understanding, I need to get an i-130 approved then file a joint motion to reopen (on grounds of new evidence). What would the process look like after?

Sorry if this is going off topic. I'm going to spend more time on the immigrate2us forums I promise.
__________________
Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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#30
01-30-2017, 02:41 PM
Senior Member
Joined in Sep 2007
832 posts
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anitagreencard
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Quote:
Originally Posted by fl_dreamer View Post
I travel for work every week. People on here need to calm the hell down. They only check for your state ID for Domestic travel. Nothing has changed. You are not going in and out of the country.
Quote:
Originally Posted by Fpan87 View Post
Hey Anita, I have the same trip planned for Vegas this up coming month. Truth be told I think we should be fine as long as our DACA stays valid and we are traveling domestically. By following the logic of the other members on here, we might as well stay home and lock the doors until trump is done. Lol. Final order or not, DACA shields you from removal, that's the purpose of it and as long as it's not rescinded, we're fine for now. But I will email my attorney to confirm and let you know shortly.

Have a great time there, vegas is great. This is going to be my second time there.

Are you both final orders? I can't see it being a problem either guys. But we're living in some crazy times so I understand the fear. Fpan, please let me know if your attorney has anything to say about final orders with DACA flying domestically. I'm going to ask an attorney as well.
__________________
Sent:9-17-2012 | Delivered: 9-18-2012 | Electronic I-797C Received: 9-20-2012 routed to Vermont |
I-797C Received:9-24-2012| Biometrics Appt: 9-27-2012 for 10-23-2012| Biometrics Walk-in: 10-9-2012 |
Approved: 6-5-13 | EAD Arrived: 6-10-13
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