Possible to receive GC with deportation case open?

[Eric-Pris 1,602]

My next-door neighbor recently received her greencard after a 7 year battle with immigration. She has been in the US on a tourist visa since 1991.

Anyway, she physically has her greencard in hand, but her lawyer called and told her not to buy her ticket to visit family in her country because they need to file the paperwork to close her deportion case before she can travel internationally. Has anybody ever heard of not being able to travel with a valid GC in hand?

First off, would immigration issue her a greencard if she was in the process of being removed? As soon as she told me, I told her that it smells fishy and that her lawyer is shady.

A couple days later, she was going through all the immigration paperwork that she had received and in there was a letter she received from immigration about 9 months earlier that said (paraphrasing) "Both parties have agreed to terminate the deportion proceedings. Unless an appeal is filed within 30 days, the case is closed. Signed, xxx Immigration Judge" My neighbor speaks poor English so she didn't realize what the letter even said when she got it. The lawyer is CC'd on it, so she got it too.

So, it looks like the lawyer is trying to bill her for more hours supposedly working on closing the deportation case that has aready been closed. Any advice? Obviously, I told her not to pay them another dime. Would you suggest going further to report the lawyer? Who do you report it to? State bar association?

thanks for any advice.

[grrrrreat 109]

My next-door neighbor recently received her greencard after a 7 year battle with immigration. She has been in the US on a tourist visa since 1991.

Anyway, she physically has her greencard in hand, but her lawyer called and told her not to buy her ticket to visit family in her country because they need to file the paperwork to close her deportion case before she can travel internationally. Has anybody ever heard of not being able to travel with a valid GC in hand?

First off, would immigration issue her a greencard if she was in the process of being removed? As soon as she told me, I told her that it smells fishy and that her lawyer is shady.

A couple days later, she was going through all the immigration paperwork that she had received and in there was a letter she received from immigration about 9 months earlier that said (paraphrasing) "Both parties have agreed to terminate the deportion proceedings. Unless an appeal is filed within 30 days, the case is closed. Signed, xxx Immigration Judge" My neighbor speaks poor English so she didn't realize what the letter even said when she got it. The lawyer is CC'd on it, so she got it too.

So, it looks like the lawyer is trying to bill her for more hours supposedly working on closing the deportation case that has aready been closed. Any advice? Obviously, I told her not to pay them another dime. Would you suggest going further to report the lawyer? Who do you report it to? State bar association?

thanks for any advice.

Why are you assuming that the lawyer is trying to cheat the person? While removal proceedings are pending, USCIS can't approve an adjustment of status, but the Immigration Judge can. If the IJ grants an order adjusting status, the immigrant can take it to the USCIS office to get a Green Card. You haven't provided enough information to tell, but maybe the IJ granted the Green Card and the removal proceedings weren't formally terminated, so the lawyer is just being careful to get the IJ to terminate them before the person travels.

[TBoneTX 43,417]

The lawyer is CC'd on it, so she got it too.

Better confirm this before reporting her.

[milimelo 4,245]

I thought there was a phone line where she can check with her A# if there are any outstanding immigration issues.

Neighbor can also check with the immigration court where she was processed, no?

[RhettVoe 281]

I don't think it would come as a surprise to almost anyone that a lawyer would attempt to overbill a client....especially in the immigration field.

[Eric-Pris 1,602]

Why are you assuming that the lawyer is trying to cheat the person? While removal proceedings are pending, USCIS can't approve an adjustment of status, but the Immigration Judge can. If the IJ grants an order adjusting status, the immigrant can take it to the USCIS office to get a Green Card. You haven't provided enough information to tell, but maybe the IJ granted the Green Card and the removal proceedings weren't formally terminated, so the lawyer is just being careful to get the IJ to terminate them before the person travels.

A judge didn't grant her residency, she had her AOS interview (like all of the people here applying for AOS) and the IO who interviewed her granted her a greencard. It came in the mail 2 weeks later.

The lawyer should know that if there was a pending removal proceeding, USCIS would not grant her a greencard. This lawyer just sounds very shady. My neighbor was told to not book any trips (outside of US) until they can close out the deportation case. First, she was told it would take 2 weeks. Now it has been aover a month and still no word. I predict they will send her a big fat bill soon and say that she is ok to travel now.

Why do people say that all lawyers are liars and con artists? Because they ARE!

[Leo7777 243]

Why do people say that all lawyers are liars and con artists? Because they ARE!

I avoid lawyers like the plague.

However, to be more realistic, seems in your statement 'all' should be changed to something like 'a good proportion,' 'many,' or 'most.'