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Guillermo J. Senmartin, Esq.
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: 35247
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
characters left:
5 Immigration Lawyers are Online Now

How JustAnswer Works:

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  • Get a Professional Answer
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    Ask follow up questions if you need to.
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Immigration Lawyers are online & ready to help you now

Guillermo J. Senmartin, Esq.
Immigration Lawyer
Satisfied Customers: 30464
10+ years of experience in various aspects of U.S. Immigration Law.
Georgetown Lawyer
Immigration Lawyer
Satisfied Customers: 8543
10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
Wilton A. Person
Immigration Lawyer
Satisfied Customers: 3550
Knowledgeable and experienced immigration lawyer.

Recent Immigration Court Questions

  • Hi, I just became US citizen recently and would like to apply

    Hi, I just became US citizen recently and would like to apply green cards for my parents who having been living in Florida for the past ten years. Here are my questions:
    1. I would like to apply the green card in Boston rather than in Florida, despite my parents have been living in Florida for many years. My father is over 70 years old and currently still working for a company in Florida. However, he has a Massachusetts driver's license because he has problem getting a Fl driver's license due to his immigration status. He also reported to live with me while he applied for the Ma license. Is it wise for me to apply in Boston rather than in Florida?
    2. My father entered into USA with a L 1 visa in 2005 and he tried to change his status to permanent resident but it was denial. He kept appeal and also reopen motion to his case in order to keep his status legal until I become US citizen. He recently received his latest USCIS letter that dismissed his appeal but still can reopen motion within 30 days and the deadline is January 5th. Should we continue on his L1 case in order to maintain his legal status or just do nothing about it since I start to apply green card for my parents as an immediate relative.
    Thanks for your help and happy holidays.
  • Hello. Can I get travel document while my asylum case still

    Hello. Can I get travel document while my asylum case still pending?
  • My step daughter is 24 and has been in this country for nearly

    My step daughter is 24 and has been in this country for nearly 13 years. When she was 18 she was convicted of 2 felonies, one was 'aggravated' She received probation and time served. At that time no immigration action was taken. This is the only legal problems she has ever had.
    She recently returned from Russia (her home country) and her green card and Russian passport were confiscated. She had a hearing and was told the info we got from the court was insufficient and now will have a court date in about a year.
    She also is carrying a child who has an American father.
    She read that the aggravated felony means automatic deportation. Is this true ?
    Can you guess at the likelihood of her being deported ?
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