Forney, TX asked in Immigration Law for Texas

Q: How to terminate removal proceeding before court date?

I currently have greencard through marriage also have a master hearing coming up for removal from asylum case prior. I have a court date because asylum was file after a year, and this was during covid19.

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Terminating removal proceedings before your court date can be challenging, but there are steps you can take. First, it's important to understand that each case is unique, so specific advice can only be given after a thorough review of your situation.

Since you now have a green card through marriage, this change in your immigration status might be grounds for termination of the removal proceedings. You should gather evidence of your current lawful status, such as a copy of your green card and proof of your marriage.

You or your legal representative can file a motion to terminate the proceedings with the immigration court. This motion should outline your current legal status and argue why the removal proceedings are no longer applicable. It's crucial to provide substantial documentation to support your case.

Be aware that immigration courts have discretion in these matters, and outcomes can vary. It's strongly advised to seek guidance from an experienced immigration attorney who can provide personalized assistance and represent you in court.

Remember, acting promptly and efficiently is key in these situations. Delaying action could complicate your case further, so it's essential to address this matter as soon as possible.

Syed Ali Hussain Lahooti
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Answered
  • Immigration Law Lawyer
  • Silver Spring, MD

A: The most effective approach is to contact the ICE Attorney assigned to your case, especially if your court date is approaching. In such a scenario, you can request the ICE attorney to file a joint motion to terminate the case, citing your possession of a green card. If the court date is not imminent, you can initiate a PD (prosecutorial discretion) request with the ICE to seek support in terminating the case during the Master Calendar date.

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