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!
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.
I agree with Robert on all points.
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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.
www.gassonlaw.com - 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.