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

Asked over 1 year ago - 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?

Attorney answers (3)

  1. Theodore John Murphy

    Pro

    Contributor Level 20

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    Answered . 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... more
  2. Jeffrey Adam Devore

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Michael Hugh Carlin

    Contributor Level 18

    2

    Lawyers agree

    Answered . 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... more

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