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What are my chances in the board of appeal when the court order to be removed was just based on visa unavailability?

Los Angeles, CA |

I've been in removal proceeding with adjustment of status as my relief for 3 1/2 years. The judge grant me continuance awaiting approval of my I140 which was pending for 3 years due to security clearance. I am covered by 245i benefits as I my LC application was filed on April 2001. After 2 years, it was withdrawn due to some errors in the category/job level but was re-filed. My priority date become Dec 2003. When my I140 was approved, no visa was available. Available visa for Oct 2009 was June 1, 2002. Judge denied my relief to adjust status and ordered me to be removed. If I appeal, what are my chances not to be deported given my situation?

Attorney Answers 1


Appeal the denial of the continuance with the BIA. Emphasize the only-7-month difference between your priority date and the June 1, 2002 priority date. Hardest issue for you to overcome is that the Judge had already continued your case for a long time so his denial of another continuance, at least on his side, constituted "good cause". Just file the appeal anyway, you may remand during the pendency if visa numbers become available.

JP Sarmiento
Crown Centre
5005 Rockside Road, Ste. 600
Cleveland Ohio 44131
Tel: 1-216-573-3712 or 1-800-496-8043

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