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I have a final removal order from 1998 because my dad applied for political asylum can I closed my removal order?

Seattle, WA |

I have a final removal order because my father applied for political asylum but his case was denied and he accepted voluntary departure but we never left. I was 16 years old at the time and I am 29 now. I was approved for deferred action in December and my mom applied for the 245-I in 2001 and she was approved and I was included in the application. I want to know if I can closed my removal order because I want to go Mexico because my grandfather is not in good health condition? Why should I do?

I have no criminal report.
I have always paid my taxes.
I have good moral character.
I have a bachelor degree.
Many of my family members are U.S citizens but not my mom or my dad are not legal.

Attorney Answers 3


  1. Immediately schedule a private consultation with a competent I. Oration lawyer in your area.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. You have a final order so your removal proceedings is closed. But there is still the matter of the deportation order. You may want to seek help from immigration lawyer re this. You can go to Mexico but the question is can you return to the US. From the facts provided I don't think you would be able to return to the US if you leave. An advance parole maybe? Speak with an 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


  3. First of all, I think your case requires a consultation with a good trial lawyer. Secondly, I think the question whether you should travel is a different question from whether you can reopen your deportation case. Before attempting to reopen a case in immigration court, some considerations you need to make are: what type of relief will now be available to you? Do you now qualify for a visa or some other way to immigrate? Has it been ten years since the order? This sometimes makes it easier. Other questions might involve the general nature of the Office of Chief Counsel in your location - and this would best be answered by a practitioner who has experience in the particular court. As far as leaving the U.S. please do not do so without carefully exploring the bars and other issues. Reform, if it becomes law, may change these consequences as well, but now, leaving the U.S. can trigger severe consequences.

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