judge has granted me a green card but ins filed motion to reopen case

T

ticher

Registered Users (C)
I was in deportation , but I filed cancellation of removal and the judge granted my case , two days after the immigration filed a motion to reopen my case stating that my finger prints had expired , my finger prints were however not expired , so i filled a motion to oppose the motion to reopen and submitted the proof that the finger prints were up to date . so far the judge has not made a decision on whether to reopen the case or not.

my BIG question is can I still get my green card now , or should I have to wait till the judge decides whether or not to reopen my case


please help
 
You mean the USCIS file a motion against your granted case in court or they file a motion to reopne your case so it can be continue to process for GC?
 
ticher said:
I was in deportation , but I filed cancellation of removal and the judge granted my case , two days after the immigration filed a motion to reopen my case stating that my finger prints had expired , my finger prints were however not expired , so i filled a motion to oppose the motion to reopen and submitted the proof that the finger prints were up to date . so far the judge has not made a decision on whether to reopen the case or not.

my BIG question is can I still get my green card now , or should I have to wait till the judge decides whether or not to reopen my case


please help
Click to expand...

Congratulations on winning COR. You will not get your GC until MTR is decided.
Also the USCIS is appealing almost all lost COR cases so they can force the BIA to define exactly what "Exceptional and extremely unusual hardship" means and who qualifies for relief. So it may be a while before you get your GC.
If you do not mind sharing how did you or your lawyer prove "Exceptional and extremely unusual hardship" ?
 
AzBlk said:
Congratulations on winning COR. You will not get your GC until MTR is decided.
Also the USCIS is appealing almost all lost COR cases so they can force the BIA to define exactly what "Exceptional and extremely unusual hardship" means and who qualifies for relief. So it may be a while before you get your GC.
If you do not mind sharing how did you or your lawyer prove "Exceptional and extremely unusual hardship" ?
Click to expand...

my cancellation of removal was under vawa so I did not need to prove exceptional and extremely unusual hardship , also the ins did not appeal the case but they asked for it to be reopened stating that my finger prints had expired , the judge has not yet responded to the motion to reopen so I am not sure if I can still get a green card , I have scheduled an appointment with info pass
 
AzBlk said:
Congratulations on winning COR. You will not get your GC until MTR is decided.
Also the USCIS is appealing almost all lost COR cases so they can force the BIA to define exactly what "Exceptional and extremely unusual hardship" means and who qualifies for relief. So it may be a while before you get your GC.
If you do not mind sharing how did you or your lawyer prove "Exceptional and extremely unusual hardship" ?
Click to expand...

I understand that if I had been denied and ordered removed , and I filed an mtr it would not stop the deportation , now does it not apply the same if I am approved and ins files an mtr it should not stop me from getting the green card unless the judge agrees to reopen the case


please please I really need help with this case , anyone been through this before
 
ticher said:
I was in deportation , but I filed cancellation of removal and the judge granted my case , two days after the immigration filed a motion to reopen my case stating that my finger prints had expired , my finger prints were however not expired , so i filled a motion to oppose the motion to reopen and submitted the proof that the finger prints were up to date . so far the judge has not made a decision on whether to reopen the case or not.

my BIG question is can I still get my green card now , or should I have to wait till the judge decides whether or not to reopen my case


please help
Click to expand...

You need to systematically tell us about your case with relevant dates in order to get productive advice.
If its a matter of expired fingerprints then I think you will be fine.
If the CIS has discovered something else harmful to your case after the IJ approval then that's another curve.
 
That "expiration of fingerprints" is a ridiculous reason to reopen the case. The law does not require the fingerprints to be within a certain age for green card approval. The 15-month expiration is due to USCIS own inadequate recordkeeping, not a limit written into the law. They can't use that as a reason to undo your green card, assuming they have already taken your prints at least once and run the background checks on them.
 
khayyam said:
You need to systematically tell us about your case with relevant dates in order to get productive advice.
If its a matter of expired fingerprints then I think you will be fine.
If the CIS has discovered something else harmful to your case after the IJ approval then that's another curve.
Click to expand...

judge granted me relief february 18 2009

ins filed motion to reopen on february 20 2009


again my fingerprints were not expired at time of approval , they just recently expired a week ago . and also note that the ins did not appeal the jugdes decision .
 
Jackolantern said:
That "expiration of fingerprints" is a ridiculous reason to reopen the case. The law does not require the fingerprints to be within a certain age for green card approval. The 15-month expiration is due to USCIS own inadequate recordkeeping, not a limit written into the law. They can't use that as a reason to undo your green card, assuming they have already taken your prints at least once and run the background checks on them.
Click to expand...

I think they are just looking for a reason to delay my approval , I have already been in this process for the past 5 years
 
okay I went to see a lawyer today and they told me that until the motion to reopen is decided I can not receive my green card , so I am going to have to wait until the judge makes his decision , he also told me that as long as my finger prints were current at the time of the hearing , the judge cannot reopen the case , so now I wait
 
This is how these idiots in USCIS are serving the country !! by looking for any excuses to abuse someone who has already been abused in their marriage (and proved it) and also suffered by the length of the process, this is not the reason why this agency has been founded but unfortunately there is no oversight, friend of mine after waiting more than 2 yrs on his petition,got a finger print renewal notice 2 days after the date scheduled on the letter because USCIS agents have purposely mailed the notice the same day as the scheduled appointment(showed me the envelop) and USCIS used that excuse(not showing up for fingerprint renewal) to deny the case and put him in removal proceeding, I absolutely believe that in a fair system they should be punished for taking such actions against legal and decent people. I know in a lot of country, even though the immigration rules and laws are hard, they play it fair and also have some reasonable consideration for people who are abused like in VAWA cases.
 
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