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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96327
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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What is the difference between an appeal and a motion I am

Customer Question

What is the difference between an appeal and a motion? I am filling a I-290b Notice of Appeal or Motion. They claim she abandoned her change of status on form I-751 for not appearing at the ASC under section 8 CFR 103.2(b)(13). The Hartford CT field office admitted they did not mail her the letter the date to appear for her biometrics. Now I have to file form I-290b or they will begin deportation proceedings. It would seem I should be giving an extension and not pay the $585.00 filling fee for their mistake which is documented on their computer system
Submitted: 6 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.

You have 30 days to file the Motion, and it would be a Motion, not an Appeal. The only way that I have personally been able to get the motion charged to immigration is going in person to speak with a supervisor at the district office. But as an attorney, I can get in without having to have an appointment, so I doubt you would be able to do this. So you may be forced with paying the fee or risk not being able to file the motion properly. Because if you file it on time but without a fee with an explanation as to why it is the Service's fault, there is a possibility that they will accept it, but you risk that they don't and then you are past the 30 days. It is a risk, either way.

 

And generally speaking, in the immigration context, a motion is filed with the entity that made the decision in regards XXXXX XXXXX case, but an appeal is filed with a higher entity.

Customer: replied 6 years ago.

I have an appointment with the distric office in Hartford CT tommorrow. When my wife was there and spoke to the imagration officer she was told that the computer said the appointment date was never mailed. Now if I speak to the supervisor at the Hartford district office Does he have to give me the information on his computer stating the appointment letter was not sent? either way i'm filling the I-290b form. They admited they did not send us the date for the biometrics. I was just hopping there was something I could say to the supervisior that would guarentee the motion will pass.

Thank you and I hope you can see my point. I did what I was told to do but they never sent the forms which should grant me an extension. I guess i'll find out tommorrow when I speak to him. I'm just looking for the correct wording

Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.

I think you are doing it the best way you can. This is the ideal way to get them to reopen the case without charging you any money, but yes, have the motion filled out because then they may ask you for it so they can put it in your file and process it free of charge.

 

Now as far as guaranteeing the motion, there really is no guarantee, plus they don't have to show you their records, but they will. I've always been extremely polite to CIS officers and I get very good results like that. So keep a positive attitude, don't place the blame, just be nice and since they have already admitted the mistake, you should be ok.

Customer: replied 6 years ago.
I spoke to the supivisior. he is getting the file from Vermont. He does not know if they sent me the aos letter to go for biometrics. It only says a date was set but does not say if anything was sent. Of course i cannot get a copy of anything. He said I should not file the motion until he receives the file. If they did not send me the letter he will try to reopen my case. If not I have to file I-751 fo conditional reseidence whice will stop any deportation procedings becase I have another petitioned filled. It will also be less time and chances are better I will be accepted, at the interview I would tell them I refillled the I-751 because I never received the notice to go to biometrics. This system is stupid. I have to make appoiments at infopass just to see if they received my file yet. I cannot call, or have them e-mail or even send me a letter when they receive it. The news is how they should fix illigal immigration I think they should fix the legal immigration fist. Al my information should be on the computer file in addition to paper files. I think you can understand my frustration over not receiving a letter. I was supprised you did not tell me to reopen the I-751 and deportation procedings takes a very long time. It seems immigration law confuses everybody. They all had a diffrent opinion on what I should do. But they all want money with no guarentee on what the law reads
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.

Now you are confusing me. You state, "I was supprised you did not tell me to reopen the I-751 and deportation proceedings takes a very long time." I never told you not to reopen the I-751. In fact, most of the information I gave you was about a motion to reopen. And the motion that you would file would have been to reopen the I-751.

 

Now as far as telling you that it takes a very long time to deport someone, well, it does. The system is broken on both sides. It will take a few months for USCIS to send the information to ICE. It will take ICE a few months to go through it. Once they do, they will file a Notice To Appear with a date TBD (To Be Determined) when an appearance in court would be necessary. Then the court, depending on how congested they are, will assign a date for a Master Hearing. So that could take a few more months. If you want to handle it quickly, at that hearing you just tell the judge that you want to refile the I-751 with the court and explain what happened, etc, etc. So the judge will give you a few months to file everything, probably even 6 months or more (depending on how congested they are with cases) and then you get an Individual Hearing. It doesn't mean an actual deportation will occur because you get to fight for the I-751 again. If you want to delay the deportation for some reason, you ask the judge at the Master Hearing for time to get an attorney. They will give you 3 to 6 months and you come back for another Master Hearing! Then the attorney will ask for time to file whatever relief is available, another 3 to 6 months or more for an Individual Hearing. If the case is lost, then guess what? APPEAL! That will take at least another 6 months to 2 years! And even after the appeal, if it is lost, quite often the Respondents move a few times and disappear so they don't actually get deported because ICE can no longer find them.

 

So it DOES take a very long time to get someone deported. I wasn't lying to you or sugarcoating anything.

 

In regards XXXXX XXXXX legal immigration system being broken, you are right about that, broken on both sides, as you can see.

 

As I said before, you are doing it the best way that you can. I know you want to save money on an attorney, but an attorney is an insurance policy. Often, nothing goes wrong, and you may feel cheated because you think to yourself, "Man, I could have done this myself! What did I pay this sap for?!" Well, this is the type of situation that an insurance policy like an attorney would have covered.

 

So give the CIS officer time to see if they can get that case reopened. If not, then you file a new I-751 and as the reason for the late filing, you show the evidence that you filed on time but CIS screwed up. If, on the improbable chance that they begin removal proceedings before you file a new I-751, no worries, you then just file it before the judge. And I've seen plenty of judges slam the government attorneys for CIS screw-ups because it wastes their time as well as yours.

Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.
Please do not forget to click ACCEPT. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 6 years ago.
Any particular reason why you do not want to appreciate the time and effort I took to answer you? Was there something I missed that I could have helped you with?

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35169 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.