Joint motion to reopen a withholding from removal case.

Immigration 4 views 4 answers
This individual entered the US with a F1 student visa. His application for asylum was denied but was granted withholding from removal in 2006. He appeared before an immigration judge during the proceeding. His wife is now a natualized citizen. They have had I-130 approved. He has no criminal record. He understand that he need to file a joint motion to reopen the case, however, some lawyer said he need to file the petition with ICE, while another lawyer said it's with homeland security. He want to know: 1. was his immigration case in 2006 terminated or dismissed or closed? what does "reopen the case" mean? 2. what is the procedure to reopen the case, what documents are needed? With which agency the joint motion to be filed? 3. any other relevant info? thank you for your explaination.

Attorney Answers

4
Robin Jean GrayFamily Law AttorneyReading, PANJ licensed ·
He would need to consult with an immigration attorney and bring all of his paperwork to answer these questions and to give him the proper advice. The questions presented are to specific to be answered in this forum without full knowledge of the situation.
0 upvotes
Matthew Hartnett ·
When a person is granted withholding, they still are given a final order of removal. So you need to reopen your final order in order to file for adjustment of status. You can do this by virtue of a joint motion to reopen if the government attorney agrees. With that said, this isn't a case you can realistically do yourself without an attorney. You should also contact an attorney to help you evaluate your eligibility to adjust. Good luck!
0 upvotes
Eric Mark ·
There is no way he is going to accomplish this without a lawyer's help. He has a final order of removal. Getting the case reopened requires filing with DHS-ICE-OCC (that's a lot of abbreviations for one office). Both lawyers told you the same thing but used a different part of the name. Obviously, this is an important process for both of you so don't try to figure it out any further on your own. It will just lead to frustration, long delays, and many mistakes.
0 upvotes

People Also Asked