QUESTION
Does it mean that I am in the country illegally now if I applied for adjustment of status but I got a letter that my case was administratively closed?
Asked on Mar 17th, 2015 on Immigration - New Jersey
6 ANSWERS
Immigration Law Attorney serving Glendale, CA
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Law Office of Josue S. Villanueva
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That would be a no.
Answered on Aug 31st, 2015 at 8:32 PM
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. Since we do not have all the facts, it is impossible to give a completely accurate answers. What do you mean by administratively closed? By whom? Were you in removal proceedings? 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 a case. (S)he would then be in a better position to analyze your case and advise you of your options. You should bring the letter with you for the attorney to review.
Answered on Mar 23rd, 2015 at 12:35 AM
Significantly more information is needed in order to answer your question. For example, a person who may be in valid status with an H1B nonimmigrant visa, and who unsuccessfully applies for adjustment of status, simply may continue to be in valid H1B status. That same analysis would not work for some other types of visas. The reasons for administrative closure also may have an impact upon the legal analysis. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Mar 19th, 2015 at 10:41 AM
What was your nonimmigrant status at the time you filed the adjustment of status and on what basis was the AOS filed? Was a reason given in the letter as to why your case was administratively closed?
Answered on Mar 18th, 2015 at 3:43 PM
Bruce A. Coane
Any non-USA citizen or lawful permanent resident is typically going to be illegal, unless they are in possession of a valid, unexpired I-94 card or unexpired non-immigrant status.
Answered on Mar 18th, 2015 at 8:50 AM
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Thank you very much for your query. In an instance like this, we would definitely recommend that you make a motion to reopen the case if you have a basis for that. Of course, there is no substitute for seeking the assistance of a qualified immigration my professional with regard to your matter.
Answered on Mar 18th, 2015 at 8:49 AM