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Guillermo J. Senmartin, Esq., Immigration Lawyer
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Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Immigration Court Questions

Immigration courts are run by the U.S. Department of Justice and deal with cases involving the legal status of foreign nationals in the country. There are over 200 immigration judges spread across more than 50 immigration courts all over the U.S. Apart from legalizing the status of many foreign nationals, these courts can also exercise the authority to deport or remove any foreign national they do not deem fit to stay in the country.

Listed below are a few questions answered by immigration lawyers on immigration court related issues.

My asylum application is currently in immigration court. My daughter who is a U.S. citizen applied for an I-130 for me and got it approved. Can I now apply for my Green Card while my application is in court?

If you entered the U.S. legally, your daughter would be eligible to file Form I-130 on your behalf and you can adjust your status using Form I-485. However, once you file the I-130/I-485, you need to terminate the asylum case. You must know that, in certain cases, a person has been deported in absentia because they didn’t terminate the asylum proceeding despite having a valid adjustment of status application.

How long does it take for a first hearing if your case has been referred to the immigration court from an asylum officer?

This depends on the judge that your case has been assigned to. It could take a few months. If your case takes longer than 154 days, you can file I-756 to get a work permit.

How do you plead when you are in immigration court for deportation?

There are two options that you can use. You can either "admit" to the inadmissibility charges or you can "deny" them. In case you deny them, you would need to come back for a trial date or a hearing on the merits of your defense.

What is the way in which you can cancel a removal order from immigration court?

There is no way for you to cancel it. You need to file a joint motion to reopen the case with immigration proceedings. You would have to give this to a trial attorney and convince him/her to join in the motion. If your trial attorney is not convinced, what you would need to do is to file a motion to reopen immigration proceedings sua sponte directly with the court and hope they decide to invoke their sua sponte power to reopen the case. If you can’t get the case reopened, it would be difficult to fix your status since you have a deportation order against you. The process could become complicated so it would be best to hire an attorney.

I visited immigration court since my visa expired some time ago. After my marriage to a U.S. citizen, my I-130 was approved. The judge then said that he will either do an adjustment of status or I can file a termination motion on my own so that INS will do the adjustment. How can I file a termination?

According to an Expert on JustAnswer (http://www.justanswer.com/immigration-law/2nstz-went-immigration-court-visa-expired-long-ago.html), you would need the following documents:

  1. 1. “Joint Motion to Administratively Close Removal Proceedings. You need to list the reasons why the case needs to be closed like the fact that you are married to a U.S. Citizen and have an approved I-130.
  2. 2. Copies of the bona fides of the marriage that would include bills, taxes and so on.
  3. 3. A signed copy of the I-485 that you would need to file with the USCIS once the court case is closed.
  4. 4. A police clearance letter from any county in which you have lived in for 6 months or longer.”

You would need to file these documents with a government attorney.

In many civil or criminal court cases, it is natural to hire an attorney to represent you during a hearing. In the same manner, it would be advisable to have a qualified attorney help you fight your case in immigration court. As part of legal proceedings, an attorney is also assigned to represent the U.S. government when the case is presented before the court.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34621
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
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5 Immigration Lawyers are Online Now

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