QUESTION
Can immigration judge terminate my case in my absence?
Asked on Mar 27th, 2013 on Immigration - California
More details to this question:
In 2008, l was denied green card through lottery, and the reason was that l could not beat the deadline. I was on F1 visa then and had 6 months left on my OPT. Since then, I never contacted USCIS again, ever. Last week I called the immigration court and when l entered my A#, the machine said, 'the immigration judge terminated proceedings on your case....on February 2009.' Does that mean if in the future l decide to adjust my status again through, say marriage, I wouldn't have to deal with any deportation order? Thank you.
2 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Were the proceedings "terminated" by the judge or did the judge "order you removed/deported". The exact phrasing is important. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Mar 28th, 2013 at 7:48 AM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You were deported in absentia. Yes, an IJ can and will do this, because you failed to appear in court. You really need to consult with a competent immigration attorney in your area who can fully analyze your case. This person may be able to do a motion to reopen your case, to clear up the situation and clear the way for a different application.
Answered on Mar 27th, 2013 at 1:41 PM