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.
To request DHS’s consent to file a motion to reopen with Immigration Court or the Board of Immigration Appeals, the Law Offices of Caro Kinsella will contact the District Counsel’s Office that represented the DHS during your immigration proceedings. Such a request must be made in writing and supported by affidavits or other evidentiary material establishing proof of current eligibility for adjustment, to include, if applicable, a complete copy of the adjustment application, and visa petition approval.
Statutory Bars: Obviously, DHS’s counsel may not join in a motion to reopen if an alien is ineligible for adjustment due to any applicable statutory bars such as those due to overstaying a grant of voluntary departure (Sec INA §240B[di; §242B[e][1996)) or an in absentia. order (See *240[b][51[20001; §2428[e]).
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