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  • re-open case

    Does anyone have any experience with investigating or re-opening a prior immigration case?
    Years ago a friend of mine fought for residency and was told to voluntarily depart to Mexico and did, but then re-entered illegally. He was married to a USC but never adjusted status and had bad counsel. We were told by a lawyer the only thing to do is investigate all old tapes of court docs. etc.. and file to reopen case if able. WIll this draw a red flag to INS?
    Help...

  • #2
    Does anyone have any experience with investigating or re-opening a prior immigration case?
    Years ago a friend of mine fought for residency and was told to voluntarily depart to Mexico and did, but then re-entered illegally. He was married to a USC but never adjusted status and had bad counsel. We were told by a lawyer the only thing to do is investigate all old tapes of court docs. etc.. and file to reopen case if able. WIll this draw a red flag to INS?
    Help...

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    • #3
      If your "friend" was granted volutary departure with an alternate order of deportation and did not leave during the voluntary departure period he could have problems. If your "friend" re-entered illegally he could have problems. If your "friend" tries to reopen his case, OF COURSE, they are going to get his old file and review it!

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      • #4
        gg,
        I can't answer your question off the top of my head.
        I know if one is ordered deported and is deported and then re-enters illegaly to US, it makes him/her a felon with potentially 10-20 years in jail.
        I don't know what exactly happens in case of voluntary departure and illegale re-entry after that.

        In general courts have been very harsh towards someone who tried to adjust status after being ordered to be deported/deported and then appearing here as a spouse of USC or else.

        You may want to read IJ, BIA and Federal Circuit Court decisions/opinions on similar cases.

        Also, proving a "bad counsel" is not a simple thing to do: there must be a paper trail/record of filing a complaint with the Lawyers Grievance Committee (at the district where the accused "bad counselor" practised) , and the results of the investigation of Griev.Comm. must confirm wrongdoings of the said attorney.

        In any case, your "friend" is very unsophisticated person, to say at least.
        With voluntary departure he would be eligible to apply for Immigration Visa, and even get a waiver of 10 year bar, if he was in unlawful status[prior to voluntary departure from US]for more than 365 days.

        The whole thing is not about "red flags" and etc.

        It's about statutes of law and existing precedents.

        Good luck

        Comment


        • #5
          ICE loves nothing more than deported folks who show back up here again. It's like an open letter to "go get 'em!".

          As soon as he gives INS an address and fingerprints -- expect a visit.

          -= nav =-

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