Skip to main content

USCIS granted Prima Facie determination of U Visa application as well as Expediting the petition.

Boynton Beach, FL |

When a petition is expedited, how long does it normally take before it is adjudicated? If the alien is detained, would it be a good idea to motion the court for termination pending adjudication, or would it be better to just wait for the final adjudication of the U Visa Petition since it is expedited?

+ Read More

Attorney answers 5

Posted

If the alien is detained by ICE, it is highly unlikely that the court would agree to terminate the proceeedings, or administratively close them. However if the Chief Counsel's office agrees, it may be possible.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Asker

Posted

The OCC told me to prepare the joint motion to terminate! thank you!

Asker

Posted

They administratively closed the case today, after releasing my husband yesterday.

Stephen D. Berman

Stephen D. Berman

Posted

Good job, congratulations!

Posted

Mr. Berman is correct, the lawyer should contact the office of the chief counsel.

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

Asker

Posted

I called the OCC and they told me to prepare a joint motion to terminate! I'm not an attorney, by the way. Thank you!

F. J. Capriotti III

F. J. Capriotti III

Posted

Good for you. It still might be wise for you to spend a few hundred dollars on an attorney ... to get help with the joint motion and analyzing your U visa and future immigration options.

Asker

Posted

I already did the motion and mailed it to the OCC. The U Visa Petition was very well documented, and even included a video of the the crime being committed. As far as future options, if the U Visa is granted, I know that after 3 years an application can be submitted for adjustment of status. that being said, the individual already has an approved I-130, as he is married to a USC.

Asker

Posted

The IJ Administratively closed the case today, after my husband was released from detention yesterda.

Posted

If he is currently detained its unlikely the DHS will agree to terminate without an approval notice, but a prima facie determination may help with getting a bond if he is eligible.

Is he currently detained at BTC in Pompano Beach?

Morales Law Firm P.A. 2100 Coral Way Ste 703 Miami, FL 33145 (305) 851-7856 This response is not offered as legal advice, but is only a general informational response for public interest. No one reading this is authorized to claim that an attorney client relationship exists with this writer or the writer's law firm.

Asker

Posted

He was at Krome, but they moved him to Glades County.

Javier E Morales

Javier E Morales

Posted

Ok he is still under Krome's Jurisdiction and will either appear personally or via video to his next Court hearings. All 3 Judges in Krome are fair however they won't terminate unless DHS agrees. Is he in mandatory detention or denied bond?

Asker

Posted

I just called your office.

Asker

Posted

The OCC told me to prepare a joint motion to terminate!! Thank you!!

Posted

I would ask the ICE attorney to stipulate to a motion to terminate proceedings. You may then file the motion jointly with the immigration court.

Good luck.

LAW OFFICE OF ARIE EBRAHIMIAN
8889 WEST OLYMPIC BOULEVARD, SUITE 200
BEVERLY HILLS, CA 90211
(888) 980-2743
(888) 980-ARIE
ARIE@DREAMACTLAWYER.US

DISCLAIMER - NO ATTORNEY-CLIENT RELATIONSHIP: The information provided in this email is intended for informational purposes only. This email does not necessarily reflect current legal or factual developments and is general in nature. Nothing set forth in this email should be construed as providing legal advice regarding an individual situation. Furthermore, the information provided in this email is provided “as is” without any warranty of any kind, either express or implied. Attorney Arie Ebrahimian makes no warranty, express or implied, about the correctness, accuracy or reliability of the information set forth in this email. The information provided in this email should not be construed as legal advice and does not constitute an engagement of legal services with Attorney Arie Ebrahimian or establish an attorney-client relationship absent a written agreement for legal services. Thank you.

Asker

Posted

I called the OCC and they told me to prepare a joint motion to terminate!!

Asker

Posted

Thank you!!

Arie Ebrahimian

Arie Ebrahimian

Posted

You are very welcome. Good luck to you!

Asker

Posted

The IJ Administratively closed the case today. My husband was released from detention yesterday.

Posted

I agree with my colleagues. Ask Chief Counsel's Office to join in a motion to either terminate or administratively close.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

I called the OCC and they told me to prepare a joint motion to terminate!!

Asker

Posted

Thank you!!

Theodore John Murphy

Theodore John Murphy

Posted

Glad to help. Good luck.

Asker

Posted

The case was administratively closed today! My husband was released from detention yesterday.

Theodore John Murphy

Theodore John Murphy

Posted

Excellent!

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer