My son is 21yrs old and ready to file for me, but I have a deportation order against me. Can I file to reopen the case and then pursue the benefit from my son? What are my chances of getting approved? Do I need to go to court for the reopening of the case?
Hello, Zteffan, In order to apply for adjustment of status through a family member, removal orders must be reopened and terminated. The best chance of success with this would stem from having a government attorney agreement to the motion to reopen. If we can help in any way, please don’t hesitate to reach out.
Hello, Yes, it may be possible to receive PD even for a detained person, depending on the facts and circumstances of the case. Please reach out to us or another trusted immigration attorney for a thorough analysis of your case.
Hi thanks for all this information But How long is the estimated time that the prosecutor gives a response por a PD ? I have 6 months waiting.. my case is in San Antonio Tx 😢
Hi, Hanna, Sometimes the prosecutors do take a very long time to respond; they have an enormous backload of work so they can be slow. In some cases, it makes sense to re-send the request directly to the attorney assigned to the case, or to the immigration judge directly. Many judges are dismissing cases even with the prosecutors are not requesting dismissal themselves.
Hello, If your application was made before the court previously, then yes, it is possible to file again for asylum with USCIS after the case is closed through PD. Please note that if the case is not approved before USCIS, you will be referred again to the immigration court and may not be afforded another opportunity for PD. Additionally, please see this recent guidance from USCIS about this type of case: www.uscis.gov/newsroom/alerts/uscis-issues-new-instructions-for-filing-asylum-applications-with-uscis-after-eoir-dismissal-or.
Hi, Sacha, I’m sorry that your asylum request was not approved. In cases involving severe medical conditions, a request for Medical Humanitarian Parole to ICE or USCIS may be the best option, depending on the circumstances of the case. For additional information on medical parole, please see: www.uscis.gov/humanitarian/humanitarian-parole/guidance-on-evidence-for-certain-types-of-humanitarian-or-significant-public-benefit-parole-requests. If we may be of additional assistance, please do not hesitate to reach out.
Hello! This is a great question. If your work permit is related to your pending court case - for example, if you have a pending application for asylum or cancellation of removal - you may lose the opportunity to renew it by dismissing or terminating your case. If you are able to get your case administratively closed, then you may be able to continue renewing the work permit. It is unfortunate to lose the work permit, but weighed against the long-term opportunity to remain in the USA without facing deportation, it may be worth it. But this is an important consideration.
What if my immigration court has been dismissed but I replay the asylum case with uscis but I have applied before with work permit while I’m in immigration court can I still renew my work permit after 150 days while my asylum case in uscis ?
Hello! It is possible to reapply for asylum to USCIS after having a court case terminated. If your immigration case has been administratively closed, USCIS may reject your application. In any case, it is essential to understand the risks and benefits of applying again with USCIS. If USCIS does not approve the case, they will refer it back to the immigration court for removal/deportation proceedings.@@wesamalsawalha1992
@@jlw.immigrationlaw hey thanks for replying no my case has been dismissed because the court has decided to dismissed a lot of cases and I did decide to re apply or continue with my case with uscis and I received the aslyum notice and the applications has been submitted in fact I did fingerprint on time but I’m asking about my work permits will I get my work permit after 150 day of waiting then do my application I was just asking if I could renew it because I had one before or it’s going be the initial
Hello, A person who received PD and re-submits their asylum application with USCIS will see the asylum clock re-start when they re-file the application. I hope this helps!
Thank you formation.
Thank you for information
Thank you❤
Thank ypu for information
My son is 21yrs old and ready to file for me, but I have a deportation order against me. Can I file to reopen the case and then pursue the benefit from my son? What are my chances of getting approved? Do I need to go to court for the reopening of the case?
Hello, Zteffan,
In order to apply for adjustment of status through a family member, removal orders must be reopened and terminated. The best chance of success with this would stem from having a government attorney agreement to the motion to reopen. If we can help in any way, please don’t hesitate to reach out.
Great information. Is the PD an option when the respondent in detention? Many thanks
Hello,
Yes, it may be possible to receive PD even for a detained person, depending on the facts and circumstances of the case. Please reach out to us or another trusted immigration attorney for a thorough analysis of your case.
Hi thanks for all this information
But How long is the estimated time that the prosecutor gives a response por a PD ? I have 6 months waiting.. my case is in San Antonio Tx 😢
Hi, Hanna,
Sometimes the prosecutors do take a very long time to respond; they have an enormous backload of work so they can be slow. In some cases, it makes sense to re-send the request directly to the attorney assigned to the case, or to the immigration judge directly. Many judges are dismissing cases even with the prosecutors are not requesting dismissal themselves.
I just got my immigration case denied and they offered me PD.So my question is am I still able to reapply for asylum?
Hello,
If your application was made before the court previously, then yes, it is possible to file again for asylum with USCIS after the case is closed through PD. Please note that if the case is not approved before USCIS, you will be referred again to the immigration court and may not be afforded another opportunity for PD. Additionally, please see this recent guidance from USCIS about this type of case: www.uscis.gov/newsroom/alerts/uscis-issues-new-instructions-for-filing-asylum-applications-with-uscis-after-eoir-dismissal-or.
Asylum denied with family including a severe medical condition child (13 years).What are the options if there is no Law to grant on medical based.?
Hi, Sacha,
I’m sorry that your asylum request was not approved. In cases involving severe medical conditions, a request for Medical Humanitarian Parole to ICE or USCIS may be the best option, depending on the circumstances of the case. For additional information on medical parole, please see: www.uscis.gov/humanitarian/humanitarian-parole/guidance-on-evidence-for-certain-types-of-humanitarian-or-significant-public-benefit-parole-requests. If we may be of additional assistance, please do not hesitate to reach out.
Can PD also be given to someone facing Deportation from a Criminal Matter
Hi, I have one question, what happens if you have work permit in both cases, could you still be able to apply for a renewal?
Hello!
This is a great question. If your work permit is related to your pending court case - for example, if you have a pending application for asylum or cancellation of removal - you may lose the opportunity to renew it by dismissing or terminating your case. If you are able to get your case administratively closed, then you may be able to continue renewing the work permit. It is unfortunate to lose the work permit, but weighed against the long-term opportunity to remain in the USA without facing deportation, it may be worth it. But this is an important consideration.
What if my immigration court has been dismissed but I replay the asylum case with uscis but I have applied before with work permit while I’m in immigration court can I still renew my work permit after 150 days while my asylum case in uscis ?
Hello! It is possible to reapply for asylum to USCIS after having a court case terminated. If your immigration case has been administratively closed, USCIS may reject your application. In any case, it is essential to understand the risks and benefits of applying again with USCIS. If USCIS does not approve the case, they will refer it back to the immigration court for removal/deportation proceedings.@@wesamalsawalha1992
@@jlw.immigrationlaw hey thanks for replying no my case has been dismissed because the court has decided to dismissed a lot of cases and I did decide to re apply or continue with my case with uscis and I received the aslyum notice and the applications has been submitted in fact I did fingerprint on time but I’m asking about my work permits will I get my work permit after 150 day of waiting then do my application I was just asking if I could renew it because I had one before or it’s going be the initial
With PD second asylum clock is counties or restart or stop please reply 😢
Hello,
A person who received PD and re-submits their asylum application with USCIS will see the asylum clock re-start when they re-file the application. I hope this helps!