gary p
20h
Removal Procedings after leaving USA before my Case was denied can
Hi everyone, I’m looking for advice or if anyone has faced a similar situation.
I left the U.S. in May 2024, and I had a pending I-485 application at that time. Just recently, I received a Notice to Appear (NTA) and was placed in removal proceedings, even though I’ve not been in the U.S. since last year.
My I-485 was denied on April 4, 2025, which was almost a year after I had already departed the country. I believe USCIS or ICE might not have updated my departure status and assumed I was still present.
Has anyone been in a similar situation?
• Can removal proceedings be issued if you’re no longer in the U.S.?
• What’s the best way to handle this?
• Is it possible to file a Motion to Terminate due to lack of jurisdiction?
Any guidance or shared experience would be really helpful. I’m planning to contact an immigration attorney, but would love to hear from this community as well.
Thanks in advance!
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K go119h
@gary p Did you have an advance parole document before you left US?
survivor p19h
if the person voluntarily departed before removal proceedings were initiated, they may argue there’s no need for removal and may file a Motion to Terminate under:
• Matter of G-N-C-, 22 I&N Dec. 281 (BIA 1998)
• INA § 240(c)(4) – for terminating when removal is moot or unnecessary.
this is not a legal advice!
A T13h
@gary p Why are you in VAWA forum? what do you need?
