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Motion to re open deportation proceedings granted...after person already removed from US.

Bend, OR |

Subject was removed from US and back to mexico for 2 possesion charges that occured over 10yrs ago. New Attorney filed motion to re open after previous attorney disbarred for lying to us and doing nothing with our case. Received NTA that is scheduled 2 months from now however we have no more money left to keep fighting this. I dont have any money to pay the attorney who filed for us for more information. Please help me. What will happen? He obviously cant appear because he is already out of the country. Any info appreciated don't know what to do!

Attorney Answers 3

Posted

If the alien fails to appear, he will be ordered removed in his absence. The resources you expended to fight this case will be for nothing. He may be able to re-enter the country by requesting parole. This would allow him to enter the country to defend himself in removal proceedings. Depending upon his immigration status before his deportation, he may be able to obtain a visa from the U.S. Embassy.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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Posted

Attorney's Barlow explanation is rather comprehensive. I agree.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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Posted

If his case was reopened, he should be able to get permission to return to the U.S.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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1 comment

Asker

Posted

What is the process? Does he show up at the border with NTA? Unsure of what to do without being able to afford another 15,000 for another lawyer

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