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Whether or not is possible to request to the Immigration Judge, while in removal proceedings,

Fort Lauderdale, FL |

a motion for administrative closure when a prosecutorial discretion was declined last year based on Matter of AVETISYAN, ID 3740, 25 I&N Dec. 688 (BIA 2012) as a last resource to avoid voluntary departure while waiting for a I-130 petition to be available from a U.S. parent to an adult son?

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While you can ask for the matter to be administratively closed, you can also ask for the matter to be continued pending adjudication of the I-130.

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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If the matter is asked to be continued for pending adjudication of the I-130 which is not available (I-130 filed on 2010, visa bulletin says that F1 family-sponsor category is in 2006), the prosecutor will oppose it. Please explain.


It is possible to submit a motion for administrative closure.

Have you consulted with an experienced immigration attorney near you? There might be other possibilities available to you to request in Immigration Court.

You should meet with an immigration attorney as soon as possible.

(734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

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You can ask for anything. Whether it will be granted is another story. The fact that you are awaiting a priority date which may be years off is speculative at best. Moreover, you would need to produce evidence as to your eligibility for adjustment of status once the PD does become current. Under these facts I would expect ICE to oppose administrative closure especially when they declined to administratively close based upon prosecutorial discretion. You need to retain an experienced immigration attorney.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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