Court Motions & Deportation Defense

Joint Motions

The DHS may join in a motion to reopen (or a motion to the BIA to remand) for consideration of adjustment of status pursuant to INA § 245 if such adjustment of status was not available to the respondent at the former hearing, the alien is statutorily eligible for adjustment of status, and the respondent merits a favorable exercise of discretion.

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Unlawful Presence and Crime Waivers

Director of U.S. Immigration and Customs Enforcement (ICE) John Morton released a June 17, 2011, memorandum intended to provide additional guidance to ICE personnel on exercising prosecutorial discretion. In this context, favorable prosecutorial discretion refers to the government’s ability to choose not to enforce certain penalty provisions within the immigration laws against a particular person, thereby providing some relief in deserving, sympathetic cases

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Voluntary Departure

If you take VD – you can re-enter the United States providing you have the requisite non-immigrant visa or immigrant visa along with the appropriate waiver.

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Cancellation of Removal

Cannot do COR if the person is outside the U.S. (COR is EOIR relief). Must be placed in removal before you can get COR.

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Court Waiver Options

An Application for Waiver of Grounds of Inadmissibility is filed by an alien in the event that an alien has been denied admission to the United States.

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Asylum

You file asylum affirmatively with USCIS (full asylum application) – this generates credible fear interview appointment date

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Immigration Court Relief

The DHS may join in a motion to reopen (or a motion to the BIA to remand) for consideration of adjustment of status pursuant to INA § 245 if such adjustment of status was not available to the respondent at the former hearing, the alien is statutorily eligible for adjustment of status, and the respondent merits a favorable exercise of discretion.

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ICE: Know Your Rights

Available to either LPR or those applying for Immigrant visas (not NIV) You can file either with USCIS/Consulate/Court

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BIA: Board of
Immigration Appeals

Sua Sponte reopening may only be used in exceptional circumstances and is not meant to cure filing defects or circumvent the regulations

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