27 Apr Getting Your Case Terminated Before an Immigration Judge
There are times when a person finds themselves in removal proceedings before an Immigration Judge but may not need to be. Over the past few months I have been contacted by two separate clients who had a petition from a family member or employer approved. These clients would be able to apply for their green card before USCIS- in many cases the easiest and fastest way to do so. However, both clients were in proceedings before an Immigration Judge. One had a hearing date scheduled before the Immigration far in the future. The other’s case was administratively closed before the Immigration Judge. Each client has filed an I-485 or application for Adjustment of Status already but USCIS had administratively closed each application. The clients were unable to move forward due to their pending cases before the Immigration Judge.
The general policy of the Department of Homeland Security (DHS) today is to oppose termination of these cases before an Immigration Judge. They are insisting on having persons wait to proceed in court rather than before USCIS. However, I submitted Motions to Terminate before two different Immigration Judges for these clients. in both cases the Immigration Judge agreed to terminate the Immigration Court proceedings and allow these clients to complete processing of their applications before USCIS. This is despite DHS filing a formal opposition in one of the cases.
These clients will now be able to reopen their already pending applications before USCIS and get their green card in all likelihood much faster than if they would have remained before the Immigration Judge. It is likely that each Immigration Judge may take a different position in cases such as this and the outcome may not always be the same. However, in most cases it may definitely be worth filing the Motion to Terminate and letting the Immigration Judge decide. A positive result could end up saving time and stress for a person that finds themselves in this situation.
If you have a qualifying approved petition and your case is pending before an Immigration Judge it is important to obtain the assistance of an experienced Immigration Attorney. The proper counsel will evaluate your case and can file a Motion to Terminate if appropriate. At Dominguez Law Firm, PLLC we pride ourselves in providing honest and clear immigration advice and are happy to help if you find yourself in a situation similar to this or need help with any other immigration matter. Call to schedule your free initial consultation today or conveniently do so on our website.