What is my legal status between termination of residency and removal hearing?

Asked almost 5 years ago - Chicago, IL

My conditional residency has been terminated since January 09, a year after the official expiration of my green card for lack of proving bona fide of marriage. The case is in removal proceedings and I have been to a Master calendar hearing. Hearing is scheduled before the immigration judge in November 2010. What is my legal status in the united states and how can I find a job or get admitted in any school as a resident under this status? Advice please

Additional information

Based on the answer from Kevin I get the point that it'll be risky to travel.Does this mean I cannot get a job or signup for a class in a university before November 2010? Also if it's true that I may stamp my passport with an I-551 isn't there a juridic flaw from banning me to travel since the I-551 I believe says "The persons identifies on this document is allowed to work and travel in united States?

Attorney answers (3)

  1. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

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    Lawyer agrees

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    Answered . One important point that may have been overlooked.

    If you have appeared before an immigration court, you should 'not' travel! If you do, the Immigration Court and CBP can find that you have self-deported yourself. There may even be a charge of unlawful re-entry, which is of concern, as well. The departure while in Immigration Court can cause serious issues, because your Immigration Court case can end upon your departure meaning that you can give up your rights.

    Although it is true that you can get an I-551 stamp, those who are permanent residents can abandon their case and give up their rights by leaving the U.S. I believe that this may create serious consequences. Perhaps, this issue was overlooked.

    The above response is general information and is not meant to create an attorney-client relationship. If you have any concerns, then contact a candid and experienced immigration attorney.

  2. Scott D. Pollock

    Contributor Level 17

    Answered . The position of the USCIS is that your status is terminated but, since the law allows review of its decision by an immigration judge, you are entitled to a temporary I-551 permanent resident stamp in your passport that allows for employment and travel as if you were still a lawful resident. Our clients in this situation apply for the stamp by way of an InfoPass appointment at USCIS. Sometimes we have to point the law out to the USCIS representatives to get them to do what the law requires. If USCIS denied your I-751, I strongly recommend that you consult with an experienced and knowledgeable immigration attorney as soon as possible.

  3. Elizabeth Rompf Bruen

    Contributor Level 9

    Answered . Whether it is risky to travel internationally during removal proceedings depends on your personal situation. I would recommend that you meet with an immigration attorney experienced in removal proceedings before traveling internationally. However, if you obtain an I-551 stamp, you should be able to work and study in the United States while you are in removal proceedings.

    Respectfully,

    Elizabeth Rompf Bruen
    Attorney at Law

    Scott D. Pollock & Associates, P.C.
    105 W. Madison Street, Suite 2200
    Chicago, IL 60602
    Phone: 312-444-1940
    Fax: 312-444-1950
    ebruen@lawfirm1.com

    Please be sure to visit our recently renovated website at www.lawfirm1.com.

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