QUESTION

Appealed IJ desicion and BIA approved Admin. Closure

Asked on Jan 10th, 2014 on Immigration - Arizona
More details to this question:
Do we now have to wait for the IJ to close case as well before proceeding with i601a form or once BIA made closure that's it. it's closed?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
I believe that the answer would depend upon the wording of the order of the BIA. If it stated that your case was administratively closed, you would likely be eligible to file an I-601A application with U.S.C.I.S. On the other hand, if the BIA only said that it was remanding to the immigration court for the court to administratively close, the action of the BIA would likely not be seen as an administrative closure, and you would have to wait for the immigration judge to finalize the action.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  
Answered on Feb 08th, 2014 at 9:54 PM

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