DACA to AOS - Page 307

If the voluntary departure did change to final then the alien should get a NTA right for the court hearing? IJ has the power to COR and grant GC.

A VD order if you do not depart turns into a removal order and 10 years of ineligibility for AOS and COR from the date that VD period expired.

Basically in your case there are two options:

If more than 10 years passed: File a motion to reopen and terminate so you can file for AOS with USCIS.

If less than 10 years passed or MTR is denied: File I-130 and I-212, upon approval of both file I-601A, do consular processing.

Thanks Demise. The VD was issued more than 10 years ago. Lawyer A said I can do the MTR route while Lawyer B told me that it wasn't possible under this admin and I needed to go with I-601A route. I mentioned lawyer A what lawyer b said and he assured me that wasn't the case.

Any idea on the likelihood that the motion is approved? I tried searching for a similar case here but cant find any, particularly under this admin.

What guarantee is that MTR will lead to COR if issued more then 10 years ago?

MTR is largely discretionary and it is true that ICE these days doesn't really want to join into motions to reopen. However a MTR can and usually would be granted due to newly acquired way of adjusting your status.

Why the fuck would anyone bother with COR if they can just file for adjustment? COR is reserved mainly for cases where you cannot get petition (e.g. minor children), or you have a permanent bar.

What happens next if MTR is denied?

Options then are to file I-212 and I-601A, or to appeal (BIA, Court of Appeals for whichever circuit the IC was in, Supreme Court).

Oh ok. I-212 if outside of outside of USA right? I-601A is to overcome the 3/10 ban. You mean I-601? Supreme Court is the final option? When if they deny it?

I-212 can be filed after a removal order is entered, there is no requirement for you to actually depart or have a petition approved or pending, there is also no statutory requirement for extreme hardship to anyone, i.e. the waiver is strictly discretionary. Upon approval of I-212 you can file I-601A. The fact that I-130 doesn't have to be approved is why I said file I-130 and I-212 (at the same time), it cuts the wait time since you'll have to wait until both are approved to file I-601A.

This combination takes care of unlawful presence and prior removal order. Of course the problem of having to argue extreme hardship for I-601A still exists.

In regards to appealing immigration court decisions, first step is BIA, if they say no you can file a petition for review in the Court of Appeals, if they stay no you can still try a certiorari before the Supreme Court however the odds of them reviewing a removal order (or really most matters) are very low.

So basically two ways exist in this case, either do the waivers with USCIS and then consular processing, or try to get a motion to reopen so they can adjust. Personally I would try the MTR with the immigration court first, and then if that fails do the waivers, litigating all the way to the top is expensive, a pain in the ass, and your odds do get lower the higher you have to go.

When do you sleep? lol