Can you request an earlier date for a final hearing (Individual hearing ) in immigration court?

Asked almost 3 years ago - Miami, FL

my friend has been approved of a waiver to cancel removal proceeding but they put the final hearing in 1 year time. can she/he request a sooner hearing?

or can he/she request a motion to close administrtaion. My friend citizenship application has been place on hold awaiting the result of this hearing. But the individual hearing is not until 1 yr time can he ask for a soon date?

Attorney answers (3)

  1. C. C. Abbott

    Contributor Level 20

    Answered . I agree with my colleagues. These issues need to be examined by an experienced immigration attorney who can advocate on behalf of the person to the court and to the DOJ attorney. Immigrant judges in Florida have complete calenders, but if both parties argee on a stitulation motion it usually is easy to get a Judge's time.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  2. Ekaette Patty-Anne Eddings

    Contributor Level 20

    Answered . These are issues that need to be addressed by her lawyer, if she has one, if not it is advisable to retain one.
    Not sure how your friend would have a citizenship application pending and be in deportation proceedings and eligible for cancellation. He needs to have a residency status first.

    Goodluck.

  3. Javier G Pineda

    Contributor Level 17

    Answered . It is hard to understand the facts you posted. However, a motion to advance a hearing may be filed and if the Immigration Judge has an earlier date for a final hearing, the hearing can be advanced. Most Immigration Judges have full calendars. I recommend that you consult with an experienced immigration attorney to properly evaluate your case. If as you state, something got approved and it is grounds to ask for the removal proceedings to be terminated, a motion to terminate can be filed right away. Good luck.

    The answer provided is general in nature and because not all facts are known, it should not be construed as legal... more

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