QUESTION

Caught at the border, did asylum, didn't go to my hearing and was given a final order of deportation.

Asked on Jul 02nd, 2015 on Immigration - South Carolina
More details to this question:
Is there any form of relief for me if I am married to a USC spouse and have a USC child. I have been in the US for 10 years and have not criminal record. Can I ask the courts to reopen and terminate my case? Can I ask for Cancellation of Removal? I really do not want to ask for VD? Please help.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
If you were paroled into the U. S. for humanitarian reasons after you were caught at the border, you might be able to adjust your status to permanent residence with U.S.C.I.S. If you were not paroled and did not come in with a valid visa, you would most likely have to reopen your case to obtain permanent relief without leaving the country under present law. You would find in most cases that neither ICE nor the immigration courts are sympathetic to reopening cases for which no final relief can be given. Cancellation of removal is not an option as your time was frozen when you were served with papers to go to court. Voluntary departure is also not a basis for reopening where that is the only relief being asked for in reopening the case. You may wish to wait for a political solution such as legalization if Congress ever agrees on such. In addition, the Fifth Circuit Court of Appeals is currently deciding whether the Administration’s executive action program, DAPA, Deferred Action for Parental Accountability, can be passed. If so, you may be able to benefit with a three-year stay and employment authorization if your child was born by November 20, 2014. 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 Jul 30th, 2015 at 7:48 AM

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