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Do i need an attorney to keep filing motion(s) to continue even if my vawa is curently under review and pending?

Durham, NC |

i am in removal proceedings, the first master hearing was automatically continued, the second i hired a lawyer where he sent a motion to continue, that bought me 2, 5 months, now the 3rd one is approaching and i have decided to represent myself and ask for continuance based on my pending vawa self petition due to financial reasons, is it safe? Can Ice still deport me while my case vawa is still pending? filed skeleton sept 2012 , now sent evidence , got the receipt.

Right, i meant the Judge, but does the pending/under review VAWA status protect me from the Judge's final decision whether to deport or not. Can the Judge just order removal without final decision from uscis (vermont) while the vawa pending. Thank you Everyone for any info and answers!

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Attorney answers 4


ICE cannot remove or deport you without a decision from the immigration judge. You are permitted to represent yourself at a hearing but you would be better served by having immigration counsel represent you.



Right, i meant the Judge, but can the Judge determined the removal while the Vawa is in pending status, or this is just going to be continued over and over until the final approval of vawa and then decision from the immigration Judge , thank you so much


I agree with Robert on all points.

Law Office of Marc Taylor, Esq. PC,, 888-645-6272, , 224 W. 4th Street, Suite 200, New York, NY 10014 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


It can't hurt to file a motion to continue (or a motion to stay removal proceedings), but be prepared to attend your master calendar hearing (and plead to the allegations against you and request relief) in case your motion is denied. They may decide to schedule you for an individual hearing at a later date when your self-petition has been decided. Make sure you attach a copy of your VAWA receipt notice to your motion. - Disclaimer: This a general answer to your legal question. Unless you have a signed engagement letter with me, you should not consider this information to be legal advice.


It would be best to have an attorney represent you. However, if you choose to go it alone, follow Attorney Gaston's instructions.

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