Quote:
Originally Posted by eRkah
IamAman, do you know how often simply being an overstay results in a court hearing and removal order? I mean if most of us are overstays, what triggers a court hearing for some? or is that only when people apply for an immigration benefit that they dont qualify for?
I think many dreamers dont realize that they could have a pending order of removal and not know it. Many immigrants routinely 'miss' out on court dates because they dont even know they have a hearing (papers get sent to old addresses). Then the court orders them removed in absentia and so on. Or you're a minor and your parents ignore the hearing. But the removal order still applies to you
Is that the case even when people have a valid immediate family petition? I thought in those cases people have to ask a court/judge to cancel the order, but it is possible because the immediate family petition/visa is available and therefore they have a path to legal status. I thought the only time people couldnt apply for AOS is if they are already deemed inadmissible
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You can try to file a motion to reopen but it's not a given that it'll be granted. It really depends on why you got the removal order to begin with but it's rare when they'll reopen. They definitely won't now with trump.