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USCIS granted Prima Facie determination of U Visa application as well as Expediting the petition.

Boynton Beach, FL |

When a petition is expedited, how long does it normally take before it is adjudicated? If the alien is detained, would it be a good idea to motion the court for termination pending adjudication, or would it be better to just wait for the final adjudication of the U Visa Petition since it is expedited?

Attorney Answers 5

  1. If the alien is detained by ICE, it is highly unlikely that the court would agree to terminate the proceeedings, or administratively close them. However if the Chief Counsel's office agrees, it may be possible.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  2. Mr. Berman is correct, the lawyer should contact the office of the chief counsel.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

  3. If he is currently detained its unlikely the DHS will agree to terminate without an approval notice, but a prima facie determination may help with getting a bond if he is eligible.

    Is he currently detained at BTC in Pompano Beach?

    Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.

  4. I would ask the ICE attorney to stipulate to a motion to terminate proceedings. You may then file the motion jointly with the immigration court.

    Good luck.

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    DISCLAIMER - NO ATTORNEY-CLIENT RELATIONSHIP: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.

  5. I agree with my colleagues. Ask Chief Counsel's Office to join in a motion to either terminate or administratively close.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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