Can motion to terminate removal proceedings be filed while the case is administratively closed?

Asked almost 2 years ago - Brooklyn, NY

Can motion to terminate removal proceedings be filed while the case is administratively closed to allow adjustment of status? I-130 has been approved while the case was administratively closed.

Attorney answers (4)

  1. Michael Campise

    Contributor Level 9

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    Answered . The case must be open to terminate it. Before you do this, you should determine if there are any bars to admissibility. If you re-calendar and there is an issue, you have opened up a can of worms. Check with an immigration attorney before you do anything.

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice.... more
  2. Luis Alberto Guerra

    Pro

    Contributor Level 20

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    Answered . You should recalendar the case, once it is recalendared then file a motion to terminate.
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    Guerra Saenz, PL--Immigration Attorneys (954) 434-5800. This answer is of a general nature and should not be... more
  3. Philip Alan Eichorn

    Contributor Level 19

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    Lawyer agrees

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    Answered . The case must first be re-calendared and then the case can be terminated. Assuming the foreign national is otherwise eligible to adjust status, this is likely the process to follow. Remember, DHS can object to the termination of the proceedings so don't assume that you're going to get that motion granted. As with all removal cases, please ensure you have counsel.

  4. Rosa L Barreca

    Contributor Level 5

    Answered . As others have stated, the case would need to be opened first in order to then terminate it. It is very important to make sure all issues are clear and all defenses are in order before opening the case again. Our office can assist you in reviewing the case and coming up with a plan.

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