Having a removal Order Administratively Closed - Page 2
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Originally Posted by gzmn_ntn
I'm currently in the process of reopening my administrative closed case. The courts are so impacted right now that the cases are taking more than 6 months to even recalendar. The only reason why I'm even attempting to do it is because I can AOS through marriage. Just taking so long, 2 plus years now.
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If Motion to Terminate fails then just recalendar and file I-485 with the court.
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Originally Posted by Demise
2 years? What did you do? A motion to terminate or a motion to recalendar?
If Motion to Terminate fails then just recalendar and file I-485 with the court. |
A little backstory. My mom applied for asylum for herself and me backs in the late 90s. It was denied in 2009 and was placed in removal proceedings but our attorney at the time manage to get us TPS and that kept the deportation order at bay.
Any tips or advice that you would give? Or a time frame of how things will proceed? I'm not entirely sure it the way my attorney is going about things is the correct way since my tps permit is about expire and they are basically just giving those 9 month extensions since it is in the courts right now.
Last edited by gzmn_ntn; 06-21-2019 at 12:26 AM..
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Originally Posted by gzmn_ntn
Right now my attorney filed my I-130, going to take 8-10 months to get it approved from what she told me. Then once approved she will file a motion to recalendar and terminate a deportation order that I had when I was a kid. Then either file I-485 with the court or immigration depending if the court closes my case or not.
A little backstory. My mom applied for asylum for herself and me backs in the late 90s. It was denied in 2009 and was placed in removal proceedings but our attorney at the time manage to get us TPS and that kept the deportation order at bay. Any tips or advice that you would give? Or a time frame of how things will proceed? I'm not entirely sure it the way my attorney is going about things is the correct way since my tps permit is about expire and they are basically just giving those 9 month extensions since it is in the courts right now. |
If you have a deportation order then you're doing what you're supposed to. If you have an exclusion order then you can file I-485 with USCIS and deal with termination later.
All comes from a quirk in immigration law. Deportation proceedings moved jurisdiction over I-485 from USCIS (INS at the time) to the immigration judge. Exclusion proceedings did not.
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Originally Posted by Demise
Do you have a deportation order or an exclusion order?
If you have a deportation order then you're doing what you're supposed to. If you have an exclusion order then you can file I-485 with USCIS and deal with termination later. All comes from a quirk in immigration law. Deportation proceedings moved jurisdiction over I-485 from USCIS (INS at the time) to the immigration judge. Exclusion proceedings did not. |
Thanks for your input I usually just browse since theirs too many kids in here who just like to complain 😅😅
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Originally Posted by gzmn_ntn
I guess I believe it was an exclusion order since the judge had not decided on our case and was basically taking the quickest route to get to that order of removal. Either way I guess theirs no way around it to just wait it out. Hoping it doesn't take 2 years to get that work permit at least.
Thanks for your input I usually just browse since theirs too many kids in here who just like to complain 😅😅 |
If it says "In exclusion proceedings" then you can just file for adjustment immediately and deal with the court later.
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