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Yr advice is needed...pls share yr experience...thank you

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  • Yr advice is needed...pls share yr experience...thank you

    Hi all,

    I would like to hear from people who were under removal or deportation and won their case in front of an INS judge...
    Once your application for adjustment of status is denied, do they start the process of removing you or to they give you a date to go to the court...
    pls any advice or some one with the same case. will help..thank you

  • #2
    Hi all,

    I would like to hear from people who were under removal or deportation and won their case in front of an INS judge...
    Once your application for adjustment of status is denied, do they start the process of removing you or to they give you a date to go to the court...
    pls any advice or some one with the same case. will help..thank you

    Comment


    • #3
      This board has people with very limited experience so far. It might be a good idea to try www.britishexpats.com there are thousands of posters there with experience in all areas from different boards and usenets. Good luck

      Comment


      • #4
        FYI - If you receive an adverse decision from the INS on an adjustment of status application, you have the right to have that decision reviewed by an Immigration Judge. Your message is a little confusing b/c it looks like you received some sort of favorable decision from the Judge first, then filed for adjustment which was denied. If that's the case, you can go in front of an Immigration Judge again on an INS denial. If you're not working with an experienced immigration attorney yet, you might want to consider the investment. Be sure that you carefully map out your immigration history and strategy. Good luck!

        - rrv
        e/m: rvelasquez@srs-law.com

        Comment


        • #5
          Oops - I reread your posting. To answer your question (I think), the INS adjudicator will either mail you the Notice to Appear shortly after the denial notice (or with it) or refer your file to the Investigations Unit for processing of a Notice to Appear (NTA). The NTA is the notice you get from INS telling you that they believe you may be removable from the US and the reasons why. An NTA is filed with the Immigration Court to start removal proceedings. It's in those proceedings that you will have the chance to seek relief from removal including the option to have an Immigration Judge review the decision of the INS. Hopefully, you have a winnable case before the IJ!

          Comment


          • #6
            Thank you rrv for your reply
            The INS sent me a letter 9 months ago to tell me that they will start the proceding of removing me if I don't leave the country. That is mean I will
            still hear from them ? THAT is usually take that much long to hear from them ?
            cAN the INS remove you without a judge decision ???
            Thank you for reply

            Comment


            • #7
              Technically, INS can't remove you without a removal or deportation order. Such an order can come from INS in limited circumstances or from an Immigration Judge. Assuming that you don't have a removal/deportation order already lurking in your file, you have to wait to be placed into removal proceedings before an Immigration Judge. Court proceedings are part of the "removal process". Things are complicated to explain, so I hope you've got enough to start. If you are not doing so already, work with an experienced immigration attorney who can guide you through the maze and hopefully lead you to a happy ending. Good luck! - rrv

              Comment

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