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How to terminate removal proceedings starting from BIA

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by desp1234, Aug 10, 2011.

  1. desp1234

    desp1234 Registered Users (C)

    Ok so I had my AOS interview with DHS. Since I was in removal proceedings, IO didn't have any jurisdiction over I-485. I have to terminate the proceedings (proceedings were initiated after I applied for asylum) once I receive an approval letter for I-130. I called the immigration court (if the case was in immigration court I would have to file change of venue since I reside in another state now, then motion to reopen, then motion to terminate) and they said that BIA (Board of Immigration Appeals) has jurisdiction over the case now so I would have to file motion to reopen with them first.

    Here are my questions:
    1. Does BIA have jurisdiction to terminate the proceedings based on motion to reopen or they will send the case back to immigration court for adjudication and I will have to file change of venue and motion to terminate with DOJ later?
    2. How long would the whole process take?

    Do not advise to hire a lawyer as I'm not doing that. Thank you.
  2. TheRealCanadian

    TheRealCanadian Volunteer Moderator

    Why not? Your case is far more complicated than normal and you have no idea how to proceed. This cries out for competent legal counsel.
  3. desp1234

    desp1234 Registered Users (C)

    Well actually I do have ideas on how to proceed. I know a person whose spouse was in the same situation and they did everything themselves. But their case was still in court. Its not as complicated. Just takes a long time. I don't trust lawyers. Had a few bad experiences with them.
  4. bassman

    bassman Registered Users (C)

    For all of you guys...After asylum ore BIA any case that you were denied in Imigration system and you filed I-130 marriage you need prove that you filed I-130.... Just tell your lawyer to ask honorable judge to terminate PA and that you will continue with your Family based and show that you filed for I-130 and I-485 . IJ dont like to deal with Political Asylum.

    Before you go to Judge you need, to have this docs ore better adjourn it if you don't, cause you will be spending money on lawyers , and again you will have to go back. Dont ever go in Immigration court without attorney >you need attorny that tallk and make a scens, not somebody who seat get swet and say nothing .
    Documents that you need to have are :

    1-Prove that you filed for I-130
    2-prove ---- //--------- 1-485
    3-Electronic Finger /Printing (one finger only pointing finger right hand that is reported to IDA)
    4-Complete Medical report that is not older than 12month one year.
    5-Your Passport of your origin country with date of entry.
    6-prove that you never being arrested (if yes need disposition of arrest ) if you being arrested for felony and spend some time in jail you are screwed get dam good lawyer. If you were for traffic and is not felony than no big deal .As long as is not Felony .
    7-If you have baby ore kid must have birth certificate ,
    7- Your wife must be present. I am saying must be present. If she can't go have good reason say it right the way to judge.

    Judge should order stock interview , you will get letter for date to (be grilled) have interview.
    If your marriage is based on love and family you dont have to worry,if not Your chances to pass interview are unknown Stock IO are wery well trained to detect any thing that is not wright.....If you get call for second time something is bed going on , but not that bad still is second time and could turn good , (good lawyer is must in stock interview)

    One thing don't forget , many lawyers like to go in court as much as thay can, cause that's how they make money , If lawyer finish case in one shots than he is dam great , and he/she is not rich at all. :)
    My attornys new this but never tolld me , they just keep telling me " oh thats the law and made me pay any time they show up in court, and in one day they have 2-4 clients " insted to tell me what I need ore they should be prepared.

    If you have all this documents and pass in stock interview ,honorable judge will close your case ,ore lift deportation . GC will be waiting in 4 weeks .

    Why and how I know this ?? Cause I am in Immigration system for 23 years, while I was in political asylum waiting from supreme Court, in same time I got married to USC , Supreme court send me back to same Immig judge .When I went back in court , Honorable judge dismissed my P asylum case and send me to have stock interview. I passed my stock interview with flying colors my interview was only 15 minutes and my wife's was only few. Two days latter I received letter saying that I passed . But when I went back again judge I did not have electronic FP (only point finger from right hand) Judge transfer my case to PDX OR cause my wife is from PDX, my baby was born in PDX and I have some temp job in PDX , well we moved here any way.....Now i am waiting to see what will honorable immigration Judge in PDX OR will say . I got all papers I will bring all my family and see what will happen.

    By the way Immigration court in New York NY is most difficult , with 55;5 % denied rates PA cases , my IJ denied cases are 64% , so its not bad compare to 96% from some other judge in Ny(no names here) . My attornys new this but never tolld me , they just keep telling me " oh thats the law " insted to tell me what I need ore they should be prepared.
    Good luck to all of us.

    I am not lawyer , and I am not responsible for cases in this forum this is just my experience in Immigration court . All cases are different.
  5. desp1234

    desp1234 Registered Users (C)

    Thank you for your response.
    Ok well I already had a stokes interview. all our answers matched. The IO said he doesn't have jurisdiction over I-485 because I am in proceedings. He just told me to terminate the proceedings by filing motion to reopen then motion to terminate with the court, then most likely well have another interview he said. the court said that the case is in BIA and they don't have jurisdiction. I called BIA and they said I just need to file motion to terminate with them which I'm gonna do asap.
  6. Olusha

    Olusha New Member

    I am in almost same situation as you are desp1234. In removal proceedings (ex-husband filed asylum application, was denied and we were referred to an IJ, got NTA), my individual hearing is for March 2014! I married my present husband (USC and active duty military) and we filed I-130, I-485, got approval for I130, but IO administratively closed I485 because of lack of jurisdiction (said to terminate proceedings and then try to reopen). On top of everything my proceedings are in NY and we had to move to Texas on active military orders (I130 was approved in San Antonio office). I don't know how to act from this point. Don't want to hire a lawyer as well, don't trust them, had bad experience, but consulted a few of them anyway. The one in NY says that they can file a Motion to Sever, but don't know how long this process will take and I will have to travel to NY, which is not around a corner from where I am now and also pay $$$ (unreasonable amount as usual). And believe it or not I just CANT FIND A COMPETENT LAWYER here in Texas! They charge min $50-100 for they so called "consultation" just to tell me in the end that they don't know what I should do! REDICULOUS!!! On the other hand my friend (paralegal) says that I should just do everything myself (change of venue and then bring my approved I130 to the new master hearing), but I don't know where to start.
    You mention that you are going to file a motion to terminate removal proceedings. If you could share your experience with this on how to do it. I would highly appreciate it!

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