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What are the circumstances in which a motion to reopen based…

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What are the circumstances in...
What are the circumstances in which a motion to reopen based on marriage after the commencement of the removal proceedings may be granted?.Because I red that the motion to reopen must be timely filed (within 90 days of a final order).
Submitted: 8 years ago.Category: Immigration Law
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6/19/2010
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 8 years ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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If you are passed the 90 days, you can try to file a proposed joint motion to reopen with the ICE attorney and if that fails you can file a motion to reopen sua sponte directly with the immigration judge.

 

The reason you would list for reopening would be because of marriage to a U.S. Citizen and hopefully you have an I-130 approved already. If not, you may have to wait until you get an approval. You would also want to submit evidence that the marriage is real.

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