I recently applied for the deferred action, and while I want denied, I just didn't qualify, the case is still open. What is the wise choice for me, withdraw are denial. Someone told me if they can denied me, it might force me to go before a judge so its better to withdraw.
I'm confused. Why do you want to be denied?
I suggest that you meet with an attorney instead of getting advice from 'someone'.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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have an immigration attorney review what you filed and your history
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
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If you knew you did not qualify then it was foolish to submit an application. You are correct in believing that a denial may lead to a Notice to Appear being issued by USCIS assuming you are otherwise amenable to removal proceedings.
Generally speaking, if you are clearly not eligible then you are most likely better off withdrawing the application, but whether that is true depends upon the specific facts of your case. Just because you have withdrawn your application does not mean that an NTA will not be issued. Consult with an experienced immigration attorney who can review your situation and then advise you how best to proceed.
While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.
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