Can I ask a judge to grant me the right to leave the US and come back while deportation is spending?

Asked almost 3 years ago - Centerport, NY

Long story short, I-751 was denied, pending deportation, intend to fight to stay in the US. However I need to briefly travel out of the country (health problems with a close family member) and I know that if I leave the US now I will basically be self-deporting and will lose my 6K bond.
Can I ask my judge to grant me the right to leave for some time and be able to come back to fight my case? My understanding is that I need the Department of Homeland Security to grant that, how does that work?
Thank you in advance for taking the time to respond. It is greatly appreciated.

Additional information

Thank you all for taking the time to respond to my question. I have decided to ask for voluntary departure, there are things that are more important than getting to keep a green card and family is one of them. Again thank you all for taking the time.

Attorney answers (5)

  1. Ala Amoachi

    Contributor Level 7

    Answered . Do you have another I-751 currently pending?

    In these situations, I have made appointments for my clients with immigration to get a I-551 stamp, or temporary green card stamp, in their passports, to allow for travel during removal proceedings. I show proof of pending I-751 and next hearing notice. It's discretionary.

    Best of luck!

  2. Jason Todd Lorenzon

    Contributor Level 16


    Lawyer agrees

    Answered . No you should remain in the United States while removal proceedings are pending. You should also consult with an immigration attorney to go over the facts and circumstances of your case. However, has the I-751 been refiled with the Court? What applications for relief do you have in front of the immigration court? These are questions that an immigration attorney will go over with you. Good luck.

    Mr. Lorenzon's answer to your question does not establish an attorney client relationship, but rather is meant to... more
  3. William D. Fong

    Contributor Level 16


    Lawyer agrees

    Answered . Three is no basis for the Immigration Judge to allow for international travel during removal proceedings.

    713-772-2300. All information provided is general in nature. Please consult with an immigration attorney with full... more
  4. Christian Schmidt

    Contributor Level 19

    Answered . You should not leave the U.S. while under removal proceedings.

  5. Jeffrey Adam Devore

    Contributor Level 20

    Answered . While it is often not the smartest thing to do, an alien whose conditional residence was terminated and placed in removal proceedings can still travel provided they have the correct documents and are otherwise admissible. Consult with an experienced immigration attorney who can review your case and advise you as to the options available.

Related Topics

Immigration court

Immigration court is a division of the US Department of Justice that oversees and decides cases involving immigrants facing deportation.

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