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

Miami, FL |
Filed under: Immigration court

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


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.


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my friend applied for citizenship and they realize there was some error or misrepresnetation doing her green card application . so they placed her in removal proceeding and put the citz application on hold pending the result of the proceeding. i am assuming whenthe waiver is greanted he can continue with his citz application


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 advice. The answer does not create an attorney/client relationship. (714) 560-0040

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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 be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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