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Can INS send me back to Immigration Court?

10 years ago an immigration judge granted me asylum. based on that I later became a permanent resident. Now, 10 years later I received a letter saying that the BIA sent my asylum case back to immigration court to gather more evidence if necessary. INS had appealed my grant, which I did not know. Dont they have to do something else now that I am a resident if they want me back in immigration court? Somebody told me that the immigration court dosnt even have "jurisdiction" but I have no idea what that means, what do I tell the judge when I go back to court?

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Attorney answers (1)

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The USCIS requires all permanent residents to update their address. This is the only way to insure that a greencard holder gets notice of action on their status. The USCIS provides form AR-11 for address changes. The USCIS can issue a notice of intent to rescind, or take away, a greencard. A permanent resident will be notified at their last known address.

There may be arguable defenses. There may have been a mistake. You really need an experienced immigration attorney to take the time to research and make all the legal arguments. Otherwise, you may give up your rights without realizing it.

I strongly recommend an appointment or teleconference with a candid and experienced immigration and visa attorney. This should result in a more reliable answers, not speculation.

The above is general information not legal advice. The above reply does not create an attorney-client relationship.

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