Deepak Rana
1d
Notice to appear (removal proceedings)
I filed an adjustment of status for my Dad, which was denied. I then filed I-290b, “Motion to reopen and Consider,” based on the new supporting documents that were not available earlier. It’s been a year, and I have not received a decision on it.
While we were desperately waiting for the I-290B decision a couple of days ago, I got a letter from DHS regarding a notice to appear for removal proceedings. I went online and checked the status, and the I-290 B still shows in review.
1. Should we choose a voluntary departure to avoid future travel ban issues and complications related to future status application adjustments?
2. Present a case to the immigration judge for review, but I don't know how complicated that would be.
3. I checked the I94 online, did that triggered the DHS to send the NTA letter.
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John Doe1d
I think best option is number 2 and contact a good lawyer. Even if he wants to leave, it is best to come to the court and ask for voluntarily departure option from the judge.
Failing to appear for the NTA has big consequence. The judge may not know that he left voluntarily and may still issue removal order which can lead to reentry ban.
Btw, what was the reason for AOS denial?
Jonice Taylor-Barnes17h
contact a lawyer
w moo14h
get a good lawyer, there is hope for you.
Deepak Rana13h
The AOS was denied because they did not find the primary proof of birth (in our case, the absence of the birth certificate). We submitted the secondary proof stating why we don’t have an unavailable birth certificate, but they still denied it. Later, we got the non-availability of a birth certificate from our native country's local department, which we submitted under the I-290b application with more affidavits of support from known people.
