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In a final deportation hearing do they deport you the same day?

Miami, FL |

If you have a final deportation hearing and the judge denied your waiver. and you have no criminal records..... what is the next step? do they hold you on that same day or would they give you time to leave?

the person is currently not detained. ask for 27a1h waiver. not sure on waiver

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Attorney answers 7

Posted

Depends on whether you are granted voluntary departure or not.

Contact attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

Posted

Depends on whether the person is detained or not, what relief you're asking for, whether you're agreeing to voluntary departure, and a hundred other 'Ifs'. You should consult with an attorney immediately and retain one to help you. Immigration court should not be broached without quality help.

The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.

Posted

I agree with my colleagues it all depends - also the things that were not mentioned are appeals and availability of a valid travel document for you.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

Posted

First, and most important: You should be asking this question of the lawyer that is handling the case. Don't be so foolish as to got to court without a lawyer.

Depending on what the judge decides, and whether or not appeal is reserved, the might not move the person immediately.

If the person is in custody they will try to move the quickly ... depending on the country of nationality.

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.

Posted

Rarely deported on the same day: usually there is an appeal, arrangements, etc. However, it will also depend on prior case history, reasons for removal, defenses from removal, etc. Your attorney should consult you on all this issues, and also an attorney can ask the government on their plans (if there would be no appeal, etc. and the case is lost).

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

Posted

When was the immigration decision on the 237(a)(1)(H) waiver? Was appeal reserved? Was an appeal filed?

Asker

Posted

no decision made yet. going to final hearing for decision . the judge however say he is eligible for that waiver.. he just need to show proof of eligibility and good moral in final hearing

Mark Robert Barr

Mark Robert Barr

Posted

Oh, great news , I hope it goes well. What was the nature of the fraud that you're hoping to have waived? The great thing about the 237(a)(1)(H) waiver is that it can cure even intentional fraud, but obviously you'll have a greater chance of success if the fraud or misrepresentation was innocent.

Asker

Posted

it has to do with misrepresentatiion on green card. married\single. he has minor US kids that only he supports fully. i hope all goes well with him. no criminal record..paid all taxes etc. But if he is granted this waiver can he apply for citizenship in the future or will he be banned from that. hes in the US over 10 yrs

Mark Robert Barr

Mark Robert Barr

Posted

So, he got his green card based upon a petiton filed by one of his parents, when the mother or father was a green card holder? And the petition was filed when your husband was single, but later he married? The marriage should have invalidated the petiton. But when his priority date became current, and he applied for adjustment of status, he concealed the fact that he had gotten married? And the government didn't notice and granted him his green card? Then, years later, he applied for citizenship, and that is when USCIS finally realized that he never should have received the green card in the first place? And USCIS not only denied the citizenship application, but also placed him in removal proceedings? Did I guess correctly? And he has no criminal record? If he wins the waiver case, and there are no other issues, then he should be able immediately apply again for citizenship. What is your relationship to him?

Posted

No. You will not be deported on the same day. If granted voluntary departure you are given time to leave. If you are in custody and deported by the government it takes them at least a few days to get your travel doc's and make arrangements - usually at least a week. If you case is appealed the order is stayed until the decision is made at the BIA level.

I hope that you have an experienced immigration attorney representing you.