There are certain types of questions that can be simply answered on Avvo, while there are others that require considerably more analysis. For this particular question, you need to provide additional details concerning the specifics of your situation. You owe it to yourself to contact an immigration lawyer, whether myself or one of my colleagues, and obtain assistance in handling this matter. If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Also, please be sure to read my disclaimer below. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
My colleagues are correct ... more facts are needed.
Plus, you need a lawyer ... do not, I repeat, do not attempt oral arguments on your own behalf.
This may give you a little more information: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=09df1980a9aaa210VgnVCM100000082ca60aRCRD&vgnextchannel=994f81c52aa38210VgnVCM100000082ca60aRCRD
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
I agree with my colleagues, you should hire a lawyer to handle this. However, that doesn't answer your question. While I don't do immigration law, if I were in your shoes I would:
(1) read the appellate rules AND the local rules very carefully to see what they say about your situation.
(2) If you are still unsure, call the clerk of the judge who is handling your case and ask them kindly for help. Clerks are generally very helpful. Of course, they cannot give legal advice.