Please Help: Motion to Reopen Denied

[Rtzh 0]

Hello forum,

 

I would appreciate any help I can get on my current situation. My parent and I entered the US in 2002 on tourist visas and overstayed. In 2007, my parent was arrested and eventually put under ICE Supervision and under final order of removal. I became a US citizen recently and filed an I-130 for my parent, which was approved. We then worked with a lawyer to try and get ICE to terminate the deportation proceedings in order to apply for my parent's permanent resident card through USCIS. Unfortunately, ICE did not agree to terminate the proceedings. The lawyer advised that we file a Motion to Reopen with the Immigration Judge on the case. The lawyer said that this was a straightforward and simple case that the Judge should approve. It turns out that the Immigration Judge denied the Motion to Reopen the case today on the grounds that the Motion should have been filed within 90 days of the order of deportation. The lawyer informed the Judge that I had become a naturalized citizen which would make my parent eligible for adjustment of status. The Judge did not accept this argument.

 

Our lawyer says there is nothing else we can do now. Are there any insights/advice anyone can share with regards to this situation to see if there is anything we can do? I would really appreciate any help!

 

Thank you for your time!

[Daisy.Chain 317]

4 minutes ago, Rtzh said:

Hello forum,

 

I would appreciate any help I can get on my current situation. My parent and I entered the US in 2002 on tourist visas and overstayed. In 2007, my parent was arrested and eventually put under ICE Supervision and under final order of removal. I became a US citizen recently and filed an I-130 for my parent, which was approved. We then worked with a lawyer to try and get ICE to terminate the deportation proceedings in order to apply for my parent's permanent resident card through USCIS. Unfortunately, ICE did not agree to terminate the proceedings. The lawyer advised that we file a Motion to Reopen with the Immigration Judge on the case. The lawyer said that this was a straightforward and simple case that the Judge should approve. It turns out that the Immigration Judge denied the Motion to Reopen the case today on the grounds that the Motion should have been filed within 90 days of the order of deportation. The lawyer informed the Judge that I had become a naturalized citizen which would make my parent eligible for adjustment of status. The Judge did not accept this argument.

 

Our lawyer says there is nothing else we can do now. Are there any insights/advice anyone can share with regards to this situation to see if there is anything we can do? I would really appreciate any help!

 

Thank you for your time!

One option is to send your parent home, wait out the ban, and then file, all above board.

[Rtzh 0]

23 minutes ago, Daisy.Chain said:

One option is to send your parent home, wait out the ban, and then file, all above board.

What do you mean by wait out the ban? The 10-year ban? It has already been 10+ years since their order of removal

[Unlockable 7,306]

33 minutes ago, Rtzh said:

What do you mean by wait out the ban? The 10-year ban? It has already been 10+ years since their order of removal

It doesn't matter. It is the law. They have to wait out the ban outside of the US. You becoming a US citizen does not override the law. You have had a lawyer and a federal judge tell you what is going to happen. We know it is not the news you want to hear, but in order to help your parents, you need to come to terms with the decision. You are only delaying the inevitable.

[SusieQQQ 11,584]

51 minutes ago, Rtzh said:

What do you mean by wait out the ban? The 10-year ban? It has already been 10+ years since their order of removal

Bans start counting down when the person leaves the US.  You can’t wait out a ban within the US. Is there perhaps the possibility of a waiver?

[Rtzh 0]

What kind of waiver if you don’t mind explaining further?

[Unlockable 7,306]

47 minutes ago, Rtzh said:

What kind of waiver if you don’t mind explaining further?

Your parents are found inadmissible because they have encountered a ban for overstaying more than 365 days in the US. Once they leave the US the 10-year ban will start. There is no way for them to gain legal status in the US now. So after they leave, they will no be able to be petitioned for, by you or anyone else, for at least 10 years. A waiver can be filed that is basically asking for permission for them ability to be petitioned for prior to the 10 years is up. Please note that an approved waiver only gives them the ability for them to be filed for. It does NOT give them a new visa. Only after the waiver is approved can the have another visa filed for them.

Again, none of this is a guarantee they will get a new visa. They can be approved for the waiver, but still be denied a new visa later. When filing for a waiver, you will have to prove that you are going through some type of hardship (usually financial) by them not being here. The proof is based on your hardship, not theirs. Certainly, something that you will need good legal consul to help with. Because it can be a hard argument to claim you are struggling without your parents here. And nothing can happen until you parents leave. As you already know, everything that can be done to help them while they are here in the US has already been done.

Here are some links to help you….

 

 

 

[Boiler 43,392]

16 minutes ago, Unlockable said:

Your parents are found inadmissible because they have encountered a ban for overstaying more than 365 days in the US. Once they leave the US the 10-year ban will start. There is no way for them to gain legal status in the US now. So after they leave, they will no be able to be petitioned for, by you or anyone else, for at least 10 years. A waiver can be filed that is basically asking for permission for them ability to be petitioned for prior to the 10 years is up. Please note that an approved waiver only gives them the ability for them to be filed for. It does NOT give them a new visa. Only after the waiver is approved can the have another visa filed for them.

Again, none of this is a guarantee they will get a new visa. They can be approved for the waiver, but still be denied a new visa later. When filing for a waiver, you will have to prove that you are going through some type of hardship (usually financial) by them not being here. The proof is based on your hardship, not theirs. Certainly, something that you will need good legal consul to help with. Because it can be a hard argument to claim you are struggling without your parents here. And nothing can happen until you parents leave. As you already know, everything that can be done to help them while they are here in the US has already been done.

Here are some links to help you….

 

 

 

Sponsor is the child. No mention of anyone eligible to file a waiver.

 

Parent has a 10 year ban and a deportation order.

[WeGuyGal 1,052]

Has the parent been under an order of removal the past 11 years? Why was the parent arrested? 

 

I'd listen to the lawyer. If the lawyer says nothing else can be done, s/he has a point. With the IJ denial, the parent has to voluntarily leave and face the 10 year bar. There are consequences for overstaying and being subsequently arrested. Did you gain Naturalization through a USC spouse? 

[Rtzh 0]

2 hours ago, WeGuyGal said:

Has the parent been under an order of removal the past 11 years? Why was the parent arrested? 

 

I'd listen to the lawyer. If the lawyer says nothing else can be done, s/he has a point. With the IJ denial, the parent has to voluntarily leave and face the 10 year bar. There are consequences for overstaying and being subsequently arrested. Did you gain Naturalization through a USC spouse? 

Yes, they have been under Protected Status and have to check in with ICE every six months. 

[Boiler 43,392]

Presumably they can stay until Protected Status ceases.

[Daisy.Chain 317]

On 3/5/2019 at 11:07 PM, Rtzh said:

What do you mean by wait out the ban? The 10-year ban? It has already been 10+ years since their order of removal

10 years outside the U.S. 

 

As a rule of thumb, nothing is easy or quick regarding immigration. Your parent has broken the law, and has to accept the consequences - there is no quixk or easy way to fix it. However, your parent is lucky enough to have the ability to apply for an immigration visa after waiting out the ban. In many countries this is not the case!