L
L M
21 de feb de 2024
Motion to reopen at BIA
I have withholding of removal since 2008. Three years ago I married a US citizen and I have an i-130 petition approved by USCIS. The lawyer I hired sent a motion to reopen to BIA, since BIA was the last to have jurisdiction over my asylum case appeal years ago. It's been 6 months and no response from BIA yet. Is my lawyer correct in sending to BIA a motion to reopen instead of a joint motion with DHS/ICE counsel? Also, should he file my i-485 while waiting for a decision from BIA, to reduce the time wait on the i-485?#BIA #motiontoreopen #motion #withholdingofremoval #i485 #i130
PUBLICIDAD
E Hopeful21 de feb de 2024
@L M Your lawyer is right. You can’t adjust until the BIA re-opens your case, because it is administratively closed due to your withholding of removal (which is just a deportation order, pending execution). The BIA will end up remanding to the Immigration Court for fact finding and credibility determination based on the new turn of event in your life (marriage to a US citizen). Your deportation officer/ICE will scrutinize you very carefully to make sure that you did not just marry to circumvent deportation. So the burden of proof is on you to convince the government that you didn’t just marry to obtain an immigration benefit. Start collecting as many documents as you can to prove your marriage. Also make sure all of your joint documents are ready to be filed and supplemented with the Immigration Court as soon as they remand the case for an entry of a new decision. You will wind up getting your green card if you play your cards right. But it will probably take at least 2 more years to complete. On the last note, ICE is not required to join a motion unless they agree with your filing. They can actually oppose it, claiming you committed fraud by marrying a US citizen. The immigration judge will hear your marriage case in Court. Your wife will have to be present with you to convince the judge that your marriage is real by a preponderance of the evidence and not solely entered into for the purpose of obtaining an immigration benefit, rather for love. If the Judge is super busy he can grant you the permission to file your adjustment with USCIS. Without his/her ruling on the validity of your marriage, the Court can sua sponte approve your marriage in Court rather than passing jurisdiction to USCIS. Your petition will take forever if they allow you to adjust with USCIS.
kai naz21 de feb de 2024
lawyer should file motion to reopen sua sponte. my motion reopening took about 7 month at Bia.
L
L M29 de feb de 2024
@kai naz Was your motion to reopen with BIA a joint one or just motion to reopen?
kai naz29 de feb de 2024
@L M no just motion reopen sua sponte at BIA. Bia judges have a power to reopen sua sponte even if failed to file reopening on time like after many years.
L
L M1 de mar de 2024
I found out today my motion to reopen at BIA was denied. Can my lawyer file again a joint motion to reopen this time?
J
Jimmy St10 de mar de 2024
L M what is your lawyer's next step? When did they approve the 130?
D
David R13 de abr de 2024
@L M I was in same situation . My lawyer sent a joint motion , and it got approved in like a month, and I was able to get my green card with USCIS . They almost never deny joint motions so you might as well do that instead . If your lawyer is tripping, then find another that will do it for you .
e
eze Eze20 de abr de 2024
@free life was it 2months with bia? you said 2min don’t understand
e
eze Eze20 de abr de 2024
@L M what was the reason for the bia denial?
L
L M21 de abr de 2024
@eze Eze The reason given by BIA was that the motion to reopen was untimely.
L
L M21 de abr de 2024
@ Jimmy St My i-130 was approved 2 years ago. I am still waiting for my lawyer to figure out the next step.
L
L M21 de abr de 2024
@David R Thank you. I might have to do just that, find a new lawyer. This one is not moving at all.
L
L M21 de abr de 2024
@kai naz Unfortunately, BIA refused to reopen my proceedings under sua ponte.
e
eze Eze5 de may de 2024
@kai naz where was your BIA motion processed, mine is currently at Virginia. my lawyer also filled the motion sua sponte due to the JMTR taking too long.
kai naz5 de may de 2024
@eze Eze it was in Virginia like all other reopening at Bia.
b
b bb5 de jun de 2024
@L M Im on the same boat… did you file with the judge ? what is the status?
L
L M5 de jun de 2024
@b bb After the BIA denial, my lawyer hasn’t done anything yet. Still waiting for him to tell me the next step.
E L13 de nov de 2024
@kai naz it took 7 months to get terminated at BIA or to get recalendared/remanded to immigration judge/court? my lawyer just sent my motion to recalendar and terminate with BIA last week (no joint)
kai naz13 de nov de 2024
@Evelyn Law it is terminated at BIA. I already got my GC.
E L14 de nov de 2024
@kai naz congrats!!! amazing :) you’re giving me hope! I don’t know many (or any) who got terminated at BIA without a joint yet so far
E L24 de nov de 2024
any update @L M ?
E L3 de dic de 2024
@kai naz sorry one more question, did you have an approved I-130 when you did the motion to BIA? my I-130 is still pending
kai naz3 de dic de 2024
@E L approved i-730
L
L M8 de dic de 2024
@ E L Unfortunately, DHS did not agree to join in a motion to reopen, so I am stuck. My lawyer is thinking if there is any other option at this point.

Hashtags populares