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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4884
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Even if the document doesn't say that the appeal has to be

Customer Question

Even if the document doesn't say that the appeal has to be filed with the BIA and instead that the only recourse is the file a Motion to Reopen, would you recommend doing both?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 10 months ago.

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

No, if you received a letter from the Dept of Jusitce, Immigration court, what you should do is file a Motion to Reopen this if you were never in court. The BIA will not have jurisdiction if you were not in court when the deportation order was given and the case was never appealed. That is considered an Order of Deportation in Absentia (because no one was there) and the Motion to Reopen to the court is what needs to be done. I have extensive experience with this.

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

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Customer: replied 10 months ago.
How will my husband be protected while preparing his Motion to reopen if he doesn't file an appeal with the BIA? Also, it appears we have 90 days to file the motion. Can you verify this. He did not appear because he did not receive notice.
Customer: replied 10 months ago.
We requested a phone call with you
Expert:  Jen Marie, Esq. replied 10 months ago.

It looks like your payment failed unfortunately. You would have to contact customer service to try to correct it and then we could do the phone call.

Expert:  Jen Marie, Esq. replied 10 months ago.

He doesn't need to file an appeal with the BIA in order to be protected. Filing an appeal in this case does not protect him. Filing the Motion to Reopen is what will protect him. In most cases do have 90 days, however if he never received notice then he can actually file a Motion to Reopen at any time but the sooner the better.

I hope this clarifies and hope you can now issue a positive rating.

Customer: replied 10 months ago.
Lastly, can you tell me what you would charge to review the Motion to Reopen we are preparing
Expert:  Jen Marie, Esq. replied 10 months ago.

We would have to discuss the exact facts of the case on a brief phone call and go from there.

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