Under Voluntary Departure...But got married to a USC.

[Viperhawke 0]

Hellooooo,

I am in the immigration process too long. Your motion to reopen is not the right choice, because Motion to reopen had its limitation. Motion is timely bound and numerically limited to one only. You took VD and In normal process IJ allow 120days to leave. You may have 120 days to leave but you didn't leave so your VD converted into removal and clock back on the day when IJ render its decision. Next, TO open the same case in any motion (other then Joint motion or GOvt open its motions to its own to correct their mistake)there is 90 days time limit to BIA or 30 day to Same judge for reconsider. your motion to BIA or to IJ time already lapse. no one can look further and read the actual contants of the motion, they will just deny it as untimely. believe me.Service attorney always object and clear his table.

Please tell me then what IS the right choice in your opinion.

[indian guy 13]

Joint motion is the right choice, talk to any qualify attorney he will tell you the same I wrote above. then he will tell you that the ONLY joint motion can get you the GC.

Edited November 12, 2010 by Pascal

[Viperhawke 0]

Joint motion is the right choice, talk to any qualify attorney he will tell you the same I wrote above. then he will tell you that the ONLY joint motion can get you the GC.

If you read everything I posted, you'll see that DHS agreed to file a joint motion. Thanks.

[indian guy 13]

everyone is trying to help you. I just read all your post , you discussed motion to reopen and stay of removal. Although you did mentioned that DHS is agreed to join the motion if circumstances will change in future but, it was only verbal. I guess you don't know how the motion works.. I,m sure you need a strong attorney.

Motion to reopen and , joint motion is two different things. Your motion to reopen can be filed anytime but motion has to be according to guidelines, there should be a strong justification for opening the case that have expired time period of 90 days.( if DHS open your case without justification it will become published decision and any one can use it to get their motion, so keep in mind that it will be very hard to open a motion without a strong justification, unless your VD order entered in error etc)

On the other hand Joint motion does not work just by saying that they will join. there is a written motion request to be send and hardship to be included, once received and agreed by the DHS, service counsel will fill a form ( I 471, I think,)I am sure about the form but number may be little diffferent, I will check the SOP and let you know the form number. Once this form was filled, then it goes to court and proceedings are opened. Next step is on the judge to decide if he want to terminate or keep proceeding further and adjust in court.

You should know that if you alien don't leave, on or before the expiration of Voluntary period, the order of VD become removal and date will be reverted to the date when judge render his decision( 120 days prior to departure date). Any motion to reopen will be counted from that date and motion has 90 days limit by the time and only one by the numeric limit,( not discussing motion on absentia cases) where as joint motion can be filed at any time.

You said Dhs was agreed to join your motion, please confirm if;

you/ your attorney filed join motion,

DHS received and send a written response by giving you/your attorney copy of I 471. If not then it may only be motion to reopen.

[Viperhawke 0]

Thanks, I will find out on Monday. My lawyer's assistant said we'll know in 2-3 weeks what the result of the filing was. I don't think that is correct, I needed it all on the 10th. But let's see where he goes with it.