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DAP Forums > DREAM Act > The Lounge

How to get rid of DACA recipient’s prior removal order ?

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#1
04-04-2021, 03:07 PM
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Vze77ach
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How are you !
Some DACA recipients have final removal orders, even they obtained advanced parole . They still can’t travel outside the US because upon returning , there is huge possibility be denied for entry .

Does anyone know how to get rid of the prior removal order ? Can you share your experience please ?


Thanks !
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#2
04-04-2021, 07:51 PM
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why is the prior removal order there in the first place? was it related to an arrest or any fraud?
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#3
04-04-2021, 09:05 PM
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Vze77ach
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Quote:
Originally Posted by Manhattan2017 View Post
why is the prior removal order there in the first place? was it related to an arrest or any fraud?
My friend was brought to US by his mom when he was minor. His mom's asylum case was denied by IJ.
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#4
04-05-2021, 12:48 PM
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magdation1
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Quote:
Originally Posted by Vze77ach View Post
My friend was brought to US by his mom when he was minor. His mom's asylum case was denied by IJ.
I am in the same situation due to a denied asylum case through my mom. The only way to try to get rid of it is by having a way of applying to a permanent residency.

I'm currently going through an I-130 process with my husband and will have to appeal to a judge once the I-130 is approved. I'll have to apply to reopen my removal order and get it dismissed with the judge since i'll have a way to gain permanent residency. This is not a sure thing, there's a possibility that I might have to ask for a pardon and leave the country, if the judge decides so.

This is my personal experience, I would recommend reaching out to a lawyer, since anytime we have a removal order involved it gets way more complicated (and expensive).
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#5
04-05-2021, 02:02 PM
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Some options depending on your situation. Consult a lawyer. None are easy, but the last one seems the longest.

-Motion to Reopen Sua Sponte
-Joint Motion to Reopen and Termination of removal order
-Approved I-212 and I-601A
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#6
04-05-2021, 11:35 PM
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gzmn_ntn
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Quote:
Originally Posted by magdation1 View Post
I am in the same situation due to a denied asylum case through my mom. The only way to try to get rid of it is by having a way of applying to a permanent residency.

I'm currently going through an I-130 process with my husband and will have to appeal to a judge once the I-130 is approved. I'll have to apply to reopen my removal order and get it dismissed with the judge since i'll have a way to gain permanent residency. This is not a sure thing, there's a possibility that I might have to ask for a pardon and leave the country, if the judge decides so.

This is my personal experience, I would recommend reaching out to a lawyer, since anytime we have a removal order involved it gets way more complicated (and expensive).
I'm currently in the same spot. I applied for advanced parole during the Obama administration and went before Trump took office, from my understanding and what the attorney told me when you have daca or in my case TPS your order of deportation is on hold and your case remains pending until you either no longer have daca or TPS. My case might vary from you guys because I went to a judge and back in the days 2006/2009, you could still administratively close the case while your case was being decided or you are able to fixed your papers one way or another or theirs a change in the law, or so my attorney said. Personally I would talk to an attorney, have them request your case, review it, and see if theirs any reason they would deny you entry. I have no criminal record, besides some speeding tickets (they do ask when you come in about them). I believe taking the risk out weights the negative. I went to Latin America for 5 days and came in with no issues and was able to clear my EWI. Currently in the process of AOS through my wife, I went to the interview, no issues there, was not approved on the spot due to my case being held by the courts but was approved 3 months after. Right now my case keeps being pushed back because the courts in Los Angeles are overwhelmed and understaffed, had a court date in Jan of 2021, was pushed to April of 2021 l, and now pushed to Jan of 2022. You can't get rid of the prior removal order but you will be able to adjust easier without having an EWI. I've spent around 14k so far. But it's worth it than being in limbo and having your life on pause. Just browse around different attorneys, if they promise you the world and a quick solution that's not an attorney you want, if you find one that tells you the pros and cons, gives you a time frame that seems real (1-3 years), and gives you a contract detailing everything that will be done for your case, from start to end, then go for it. Good attorneys are not cheap, your case will be reviewew by a couple attorneys before it gets sent out, and cheap attorneys never work out well unless your case is a peace of cake.
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#7
04-09-2021, 08:00 PM
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JayR9
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Quote:
Originally Posted by gzmn_ntn View Post
I'm currently in the same spot. I applied for advanced parole during the Obama administration and went before Trump took office, from my understanding and what the attorney told me when you have daca or in my case TPS your order of deportation is on hold and your case remains pending until you either no longer have daca or TPS. My case might vary from you guys because I went to a judge and back in the days 2006/2009, you could still administratively close the case while your case was being decided or you are able to fixed your papers one way or another or theirs a change in the law, or so my attorney said. Personally I would talk to an attorney, have them request your case, review it, and see if theirs any reason they would deny you entry. I have no criminal record, besides some speeding tickets (they do ask when you come in about them). I believe taking the risk out weights the negative. I went to Latin America for 5 days and came in with no issues and was able to clear my EWI. Currently in the process of AOS through my wife, I went to the interview, no issues there, was not approved on the spot due to my case being held by the courts but was approved 3 months after. Right now my case keeps being pushed back because the courts in Los Angeles are overwhelmed and understaffed, had a court date in Jan of 2021, was pushed to April of 2021 l, and now pushed to Jan of 2022. You can't get rid of the prior removal order but you will be able to adjust easier without having an EWI. I've spent around 14k so far. But it's worth it than being in limbo and having your life on pause. Just browse around different attorneys, if they promise you the world and a quick solution that's not an attorney you want, if you find one that tells you the pros and cons, gives you a time frame that seems real (1-3 years), and gives you a contract detailing everything that will be done for your case, from start to end, then go for it. Good attorneys are not cheap, your case will be reviewew by a couple attorneys before it gets sent out, and cheap attorneys never work out well unless your case is a peace of cake.
haha holy shit they ask about speeding tickets? damn I got a lot of them. Got a misdemeanor for driving with a expired vehicle registration too (was out of town for a few months for consulting work and totally forgot it was expired when I came back).
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