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Motion to reopen

Tallahassee, FL |

When a motion to reopen is granted by OCC and BIA, is it best to seek termination from the IJ and go through USCIS ?, or continue through the same IJ who handled the case years ago? From an asylum denial now we are trying to adjust to LPR through I-130 (approved) (married to USC)

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Hello. It seems like you are referring the the BIA having granted a Joint Motion to Reopen and Remand for Adjustment of Status,. Once the BIA´s order reopening the proceedings is sent down to the Immigration Court, your case is slated for a master calendar hearing before the IJ.
You should have your attorney try to get DHS counsel (the OCC) to agree on a Joint Motion to Terminate for Adjustment of Status or just file a Motion to Terminate for Adjustment of Status without OCC joining. The DHS attorneys will have 10 days to respond. Because the OCC had already agreed to join the Motion to Reopen, the Motion to Terminate should not be an issue.
If the hearing is set and the case has not yet been terminated, the fact that there is a Motion to Terminate on file (provided it has been pending for at least 10 days or DHS does not object) may result in the proceedings being terminated on the spot at the hearing. At that point, you would be able to file for adjustment of status directly through USCIS.

Please note, the above answer is for general informational purposes only. Representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq.,, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Se habla español. Falamos português.



Thank you for your detailed response, I did not mention erlier that we are have filed the I-485 along with a I-612 due to entry with photo substitute passport some almost two decades ago, after OCC and BIA agreed to JMTR and old case now we were having this delema as to ask for termination and then file with USCIS, but this way someone else (an immigration officer) will have to review all the evidens (some 1000 pages) on extreme hardship to the USC spouse?, or go back to the same IJ who is still on the same court and try to have the waiver and adjustment done in front of him? Other then the entry issue, everything else is very-very positive. Are we taking the wrong coarse on this? Thank you once again for your time.

Kristin D Figueroa-Contreras

Kristin D Figueroa-Contreras


I apologize, I just noticed your comment. I will respond later today when I have a few minutes


You should definitely consult with an experienced immigration attorney about this situation. An attorney with experience working in the courts and at USCIS in your area should have an idea of how best to proceed. Best of luck.

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Have an ATTORNEY work things out with the OCC and EOIR. Sometimes it is faster to have the IJ process the I-485.

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.


How best to proceed will depend upon the specific facts of the case. This forum is not the place to get case specific advice. Consult with an experienced attorney who can review your case, advise you as to the options available, and recommend how best to proceed.

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.


Hire an attorney. Much depends on the IJ, the ACC and the substance of the denied asylum case. If you can get an early hearing date, it may make sense to do it on front of the IJ.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104