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My spouse won her asylum case in immigration court. However, I have a final order of removal from many years ago. What can I do?

New York, NY |

My spouse just won her refugee case in immigration court. I have a final order of removal from many years ago but I never left the United States (I live in NY). What can I do to get status?

Attorney Answers 6


  1. Your spouse can file the Asylee/Refugee Relative petition for you. I highly urge you to contact an immigration attorney to assist you with this. Good Luck.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.


  2. You should contact an immigration attorney immediately to review your case. You may be able to get relief through your wife.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. You will need to file a motion to reopen your case. This is highly skilled and complex matter, so I highly recommend hiring an experienced immigration attorney.

    Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  4. Because you have a final order of removal from years ago, you will need to file a joint motion to reopen requesting the chief counsel's office to agree to reopen. It is strongly suggested that you obtain an immigration attorney to do this. My office routinely does this type of cases.


  5. Need an out of time motion to reopen based on equitable tolling doctrine. Then sit with your lawyer to discuss and employ all available forms of relief to get order vacated and get your status adjusted based on what relief you can apply for.

    Hire a lawyer to protect your legal rights. Good Luck.

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    The answers posted herein are not legal advice and no attorney-client relationship exists. Call for a free 20 minute consultation! THE ESTRELLA LAW FIRM, P.C. “LEGAL REPRESENTATION AND CONSULTING SERVICES THAT GO THE EXTRA MILE” -- Jeffrey J. Estrella, Esq. Licensed Attorney and Counsellor At Law/Abogado y Licensiado Licensed in New York, New Jersey, and Connecticut The Estrella Law Firm, P.C. 75-20 Astoria Boulevard, Suite 170 Inside The Bulova Corporate Center Jackson Heights, NY 11370 T. (347) 628-2391 F. (718) 672-4728 E. Estrella.Jeffrey@gmail.com www.EstrellaLawyer.com


  6. Hire an attorney to file a motion to reopen. My firm handles such cases in NY.
    Regards,
    Nicklaus Misiti
    Law Offices of Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, 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.

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