QUESTION
How do you submit a motion to open an administratively closed case and terminate said case?
Asked on Apr 16th, 2016 on Immigration - Maryland
More details to this question:
Said case involves family of four in in asylum proceedings, asylum was denied. But now my wife, the daughter of the family of four has been approved for permanent residency from the USCIS field office couples interview. She is the reason for termination said case, for we've been told that she won't get permanent residency because she's in an open case;the administratively closed case.
1 ANSWER
There is a lot that must be done. The daughter who is otherwise eligible to adjust her status will need to seek reopening and termination as to her case only. Essentially, her removal proceedings need to be to be severed from the rest of the family. The remainder of the family would not necessarily be entitled to termination. The process varies from jurisdiction but usually involves a joint motion with the Office of Chief Counsel. I encourage you to consult an attorney to make sure the matter is handled properly. You can read more about removal proceedings at http://myattorneyusa.com/removal-and-deportation-defense.
Answered on Apr 18th, 2016 at 5:12 AM