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Jennifer Marie, Esq.
Jennifer Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 3364
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Can i apply c if there is already a order of removal in 2001

Customer Question

can i apply for 212 c if there is already a order of removal in 2001 i did not have an attorney and did not fight in 2001 is it too late now i was charged with possession of more than 4 gram of meth and less than 400 g and conviction was 10 TDC
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 1 year ago.

Hello, my name is ***** ***** I will be the attorney helping you today.

Were you a legal permanent resident at that time?

Customer: replied 1 year ago.
Expert:  Jennifer Marie, Esq. replied 1 year ago.

At this point, the only way to do it is if you can convince the office of the Chief Counsel (ICE/immigration) to join you on a Joint Motion to Reopen. If they do then that motion would be submitted to an immigration judge who would decide whether to reopen the case and allow you to apply. Since you and ICE agree on reopening, the judge will likely reopen.

Another option is to try a motion to Reopen on your own based on Matter of Lozada which was a case about ineffective assistance of counsel if you think that your attorney did not represent you adequately. You would have to be able to prove that. You can read about that here http://ailadc.org/downloads/2014_Conference/5_3_matteroflozada.pdf

For either case, you should definitely get an attorney to assist as both options require very detailed things that must be done and special language that needs to be used.

Good luck to you during this process and I hope this answer has helped you!

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