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Can an immigration order for deportation be removed?

Business 2 views 4 answers
A person has been living in this country for 10 years without any legal troubles. He came from Colombia as a tourist, requested political asylum and it was denied as well as the appeal. After his appeal an deportation order was issued by an immigration judge. How can he become legal without having to leave the country. He is also engaged to be marry to his U.S fiancee, will he have to leave this country and be petitioned from Colombia? Is there a way to reopen his original case even though he had a negative response when he appealed?

Attorney Answers

4
Shiva Gill ·
You have to either do a joint motion with ICE legal counsel to reopen the case, which in my experience never happens. Or you can try a sua sponte motion with the last court that had jurisdiction over the case. Here, you have to show a changed circumstance (marriage to a US citizen) & substantial equities in your favor. Also, you have to get married & file an I-130 with USCIS & a copy with your motion to reopen. Remember that he failed to leave the country after his deportation order became final, therefore, that is a huge negative. It's an uphill battle, but if he wants to fight it -- I wish him luck.
0 upvotes
Dianne Brooks ·
There are situations where final orders of deportation are reopened but that is not something you can find out without consulting an experienced immigration attorney who can evaluate the case.
0 upvotes
Harlan York ·
He needs consent to reopen his deportation case from an attorney for the Dept. of Homeland Security in the jurisdiction where the deportation order was issued. I concur with the answer above. Talk to an experienced immigration lawyer.
0 upvotes
Jeffrey Devore ·
Since the person has an outstanding order of removal, it will be necessary to request the Immigration Court to reopen the removal proceedings. There are time limitations applicable in cases such as this and it will most likely be necessary to request ICE to join in the motion. Consult with an immigration attorney who can review the specific facts of the case and advise how best to proceed.
0 upvotes

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