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What is a respondant in a section 240 removal proceeding?

Phoenix, AZ |

form I-485 was denied by the USCIS due to no jurisdiction over an Immigration judge whom granted Administratively Closed on my Deportaion Proceeding since my husband is a respondent in a removal proceeding and not an "arriving alien". So now we must submit my I-485 to the Immigration Judge to either grant or deny form I-485. What does this mean?

Attorney Answers 3


  1. It simply means that your husband who has been placed in INA Section 240 removal proceedings in immigration court is being given the chance to file for his marriage based green card application in court, to the immigration judge, who, after conducting a mini hearing about the genuineness of your marriage will likely grant your husband's green card, unless the lawyer representing ICE will not object to the "termination" of the removal proceedings and send you to deal with a USCISnI-485 interview..

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. This is something really complex. You would benefit dramatically if you engage a competent immigration attorney.

    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.


  3. I agree with both my colleagues. The case before the immigration judge must be recalendered so that your husband can have his I485 decided. It is a multi step process and will likely take a year or two based on the court docket in Phoenix. I would recommend consulting with an immigration attorney in person to discuss the specifics of your case and to obtain advice on how to proceed from here.

    Answers on Avvo are general in nature and do not constitute legal advice; specific answers require knowledge of all the facts. You should consult with an attorney to review all the facts specific to your case in order to receive advice upon which you can reasonably rely.

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