EOIR-42B cut off date week from now. Enough time to file with TSC, but not enough time to get notice of receipt to send to court. The reason: I was waiting three months for copy of my file under FOIA to get some docs and info needed for 42B (to avoid contradictions). Now I got docs and info, but not much time left. What can be done in this situation: to file with TSC and submit express mail receipt to court (instead of notice of receipt from TSC), or to file motion to continue, or other options?
You may be able to submit the express mail receipt and evidence of payment and then bring the receipt notice to court once the receipt comes in. You would have to include a letter explaining the situation and explaining that you have not yet received the TSC receipt - a bigger problem, though, might be getting your biometrics done in time. Your application cannot be approved until you comply with biometrics.
Some immigration courts are very strict about the procedural requirements associated with a 42B, some courts are a little more flexible, particularly when an alien is not represented (and I assume you don't have a lawyer - or there would be no reason for you to be asking these questions on Avvo). You may also wish to contact the DHS-ICE attorney to see if they can help you get your biometrics done in time. As with the court itself, some DHS-ICE attorney offices may be extremely helpful, some may follow strict policies about not communicating with unrepresented aliens.
My advice would be to contact an attorney who practices regularly in the immigration court where this is pending as soon as you finish reading this. Good luck.
Please note that he information above is general in nature and is not intended to create an attorney-client relationship between us. It is intended simply as background material, is current only as of its indicated date, and may not include important details and special rules that could be applicable to your case. You should consult an attorney directly before acting or refraining from action.
I really hope you have a lawyer helping you with an application as complex as an E-42B. If you do have a lawyer, I'm not sure why things happened in this order. It should not have taken 3 months to get an EOIR FOIA so there's a problem there. Also, it may have been possible to file an E-42B with as much info as you had, get it feed in, and then file an amended E-42B once the FOIA response came. And moreover, if you did wait, the motion to continue should have been filed 15 days before the cutoff date.
If it were me in this situation now - I would IMMEDIATELY file a request to extend the E-42B call up date. If you don't have a lawyer - get one. Now.
The above is general advice and no substitute for targeted advice given by a competent attorney. No attorney-client relationship is created by the provision of the above advice.
Step 1: get an experienced immigration attorney to handle the case.
Step 2: follow that attorney's advise.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You are filing for Cancellation of Removal. Do you have a lawyer? If you don't do, I recommend you get one!
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
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