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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10898
Experience:  Write FOR JAMES to get my help!
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I have an asylum case in removal proceeding pending before

Customer Question

Hi, I have an asylum case in removal proceeding pending before the immigration court. My Master hearing is in 2016. I have since departed the US. What should I do now to have the case dismissed? What adverse consequence will there be? Thank you!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

Please answer the following:

You've left the US permanently?

What case are you seeking to dismiss? The removal case? Or are you asking how to terminate the asylum case, since you've left the US?

Customer: replied 1 year ago.
Hi James,
Yes I've left the US permanently. I'm not exactly sure which case I need to dismiss. I read that if I don't appear in court the judge would enter a removal order in my absence and thus banning me from returning in ten year. Please advise the best course of action. Who should I contact? Which case should I seek to dismiss?
Thank you!
Expert:  Expert James replied 1 year ago.

What is the basis for deportation?

Was the asylum requested as a result of the case for removal from the US?

Customer: replied 1 year ago.
My last arrival to the US was in 08/2013 on a F-1 visa. The F-1 status has since lapsed in 08/2014. The asylum application wasn't a result of removal process. I was placed in removal process after the asylum office referred my case to immigration court after the asylum interview.
Expert:  Expert James replied 1 year ago.

OK, thank you very much. My apologies for the delay. I was offline when you responded yesterday and only just returned this morning.

Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

QUESTION: What should I do now to have the case dismissed?

ANSWER: You can't have an immigration case "dismissed." But you can have the case terminated because the case of deportation is moot since you've left the US already.

Contact the court in which your MCH is scheduled. Send a letter in writing to the clerk of the court, explaining that you have since left the US and that you no longer intend to pursue asylum. Provide evidence of your departure (boarding passes and ticket for your departure).

QUESTION: What adverse consequence will there be?

ANSWER: There are no negative consequences to informing the Immigration Court that you have left the US and seeking to terminate the proceedings.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

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