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  • Termination of Removal Proceedings

    Please I need advice on this matter. Brief background is as follow:

    I came first time to US as Conditional Permanent Resident based on marriage to US citizen. Marriage didn't worked out, so ended in divorce. After Filing I-751 waiver based on good faith marriage, USCIS denied it and Notice of Appearance (NOA) was issued and placed me in removal proceedings.

    Before, I got my first apperance notice ( master calender hearing ) before immigartion court, I left US at my own. After few months of my departure from US, my representative in US appeared before immigartion judge on master calender hearing and submitted proof of my departure. Judge acknowledged this proof and without any opposition from USCIS lawyer side, Judge ordered " termination of removal proceedings " which were intiated by USCIS against me.

    My question is " whether cancellation of PR status, placing me in removal proceedings and then termination of these removal proceedings by judge" constitute a immigation law violation?

    Thanks in advance for your valuable advice.

  • #2
    Please I need advice on this matter. Brief background is as follow:

    I came first time to US as Conditional Permanent Resident based on marriage to US citizen. Marriage didn't worked out, so ended in divorce. After Filing I-751 waiver based on good faith marriage, USCIS denied it and Notice of Appearance (NOA) was issued and placed me in removal proceedings.

    Before, I got my first apperance notice ( master calender hearing ) before immigartion court, I left US at my own. After few months of my departure from US, my representative in US appeared before immigartion judge on master calender hearing and submitted proof of my departure. Judge acknowledged this proof and without any opposition from USCIS lawyer side, Judge ordered " termination of removal proceedings " which were intiated by USCIS against me.

    My question is " whether cancellation of PR status, placing me in removal proceedings and then termination of these removal proceedings by judge" constitute a immigation law violation?

    Thanks in advance for your valuable advice.

    Comment


    • #3
      None of what you have said result in a violation of immigration law.

      Comment


      • #4
        Harry
        like Mrs. Mani said, i dont see any violation. But what was the reason for your waiver to be denied?
        "A candle loses absolutely nothing by lighting another candle"

        Comment


        • #5
          You have though been deported.

          Comment


          • #6
            you are self deported yourself . but your rep told judge that to terminat proceeding. this means you didnot have any bar neither you got deported.
            You dont have any status in US Anymore. You are not GC holder anymore. you need a visa to come back like any others.
            Its a discussion, not a legal advise..

            Comment


            • #7
              Thanks members for your valuable input. But i am still not clear that this above mentioned case contitutes an immigration violation as "My GC was cancelled and placed me in removal Proceedings at the first place" and later immigration Judge ordered "termination of these Proceedings".

              Any clarifications please.

              Comment


              • #8
                No, it is not a violation to self-deport. However it still counts as a deporation.

                Comment


                • #9
                  I actually checked with DHS at US embassy in my country,according to them: it is not a deportation in this case. But still question remains for me to clarify that termination of GC and placed in removal proceeding contitute immigartion violation. If it was violation, then IJ 's decision of terminating this case overide this violation.

                  Comment


                  • #10
                    I have already answered your query. Answer to your question is quite simple. Once the GC is revoked or cencelled, USCIS will turn over the case to Immigration judge and initiate the removal proceedings. Its now upto the judge to decide if he want to remove alien or give him departure, or terminate proceedings etc. in your case you self deported. it would have been removal but your rep informed judge that you left the country so IJ terminate the case. .this way you were not removed and case closed. On the other words You were in removal proceedings but you not removed.
                    its like someone charged with crime but court dismissed all the charges and found him not guilty.
                    Its a discussion, not a legal advise..

                    Comment


                    • #11
                      Thanks for the clarification.

                      I want to apply for SENTRI program.
                      Beside other conditions for eligibilty to apply under this program, there is one which states that:

                      "Applicants may not qualify for participation in this program if they have been found in violation of any customs, immigration or agriculture regulations or laws in any country"

                      In the light of circumstances of my original post, will i be eligible to apply under this program?

                      Thanks again.

                      Comment


                      • #12
                        Hi,

                        Sandy here from Canada. As I have seen your comments & I am obliged that you have share a lot of information with us.

                        Thanks
                        Sandy



                        women's sandals

                        Comment


                        • #13
                          It does not seem you have violated any immigration laws. The only thing I would double check is the Denial of the I-751- check to see the grounds on which it was denied. Make sure the word "fraud" or "misrepresentation" are nowhere to be found.

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