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Postponement of Removal Hearing 240

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  • Postponement of Removal Hearing 240

    I have been summmoned to appear for removal hearing under section 240 in January 2004. I am currently leaving overseas. Two Questions:

    1. What can i do to postpone my hearing date from Jan 2004 to March 2004? This is due to my work commitment.

    2. My removal hearing was due to the fact that i had an expired Green card when i returned to the US and also the fact that i was living overseas for the last 6 years. I have been going back to the US on yearly basis without fail. This time, however, they said that i am violating the law. How do i present my case?

  • #2
    I have been summmoned to appear for removal hearing under section 240 in January 2004. I am currently leaving overseas. Two Questions:

    1. What can i do to postpone my hearing date from Jan 2004 to March 2004? This is due to my work commitment.

    2. My removal hearing was due to the fact that i had an expired Green card when i returned to the US and also the fact that i was living overseas for the last 6 years. I have been going back to the US on yearly basis without fail. This time, however, they said that i am violating the law. How do i present my case?

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    • #3
      Well, it's going to be rather difficult: if you've been living for the past 6 yrs. overseas, you've clearly abonened your U.S. permanent residency. As an LPR you're really allowed to leave no more than 180 days, 1-2 yrs. with a special re-entry permit where you state exactly why you've got to be overseas. If you're employed for the US government or for an American company, you need to show in addition you need to make sure to file US taxes for every dollar earned overseas (if you were a student, there may be an exception). You need to show that you have strong ties to the U.S. such as family, property, bank accounts, car etc.
      I highly doubt that you'll be able to keep your LPR status if you just traveled annualy and don't have any real ties to the U.S.

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      • #4
        Thanks for your prompt reply. I am looking at the inevitable, ie having to give up my Green Card.

        How do i go about postponing my hearing date?

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