Final order of removal and vawa

[Imperium 81]

Hello dear friends,

I was previously granted withholding of removal. I appealed that decision to Bia but BIA had affirmed IJ's decision. I subsequently filed an I 360 on oct 6th, 2011. As of yet I have no update or decision. I have few questions to my audience for guidance;

Can I file a MTR with the BIA based upon a prima facie determination?

How can I reach a district counsel and how long this can take, since I am in Boston?

my case is outside the current calender and I have submitted an e- request, what else can I do?

Any help and advice will greatly appreciated.

Sandraj! Please can I have your insight?

[Hypnos 6,576]

You may want to try posting over at http://immigrate2us.net as well as here; they are more specialised in these sorts of questions.

[Sandra G. 5,047]

case2011 I believe you have a claim for asylum and your asylum was denied but the immigration judge granted withholding of removal, is that correct?well motion to reopen is based on factual grounds,it means you will seek a fresh determination based on newly discovered facts or a change in your circumstances since the time the asylum decision. Your prima facie is based in your Vawa case.Which new facts or changes in your circumstance occurred in your asylum case? you can't file motion to reopen your asylum case because you got prima facie in your vawa case.Even if you intend to move to reopen for the purpose of submitting a new

application for relief, which application are you talking about? prima facie is a determination not an application.

Check this link t and you will find the district counsel address.

http://www.ice.gov/contact/opla/

You need to find a lawyer to help you.Cases like yours are complicated and you can't handle by yourself.Good luck.

Edited April 12, 2013 by sandranj

[Imperium 81]

You may want to try posting over at http://immigrate2us.net as well as here; they are more specialised in these sorts of questions.

Thank you for reading Hypnos! I will write the same questions there as well.

[Imperium 81]

case2011 I believe you have a claim for asylum and your asylum was denied but the immigration judge granted withholding of removal, is that correct?well motion to reopen is based on factual grounds,it means you will seek a fresh determination based on newly discovered facts or a change in your circumstances since the time the asylum decision. Your prima facie is based in your Vawa case.Which new facts or changes in your circumstance occurred in your asylum case? you can't file motion to reopen your asylum case because you got prima facie in your vawa case.Even if you intend to move to reopen for the purpose of submitting a new

application for relief, which application are you talking about? prima facie is a determination not an application.

Check this link t and you will find the district counsel address.

http://www.ice.gov/contact/opla/

You need to find a lawyer to help you.Cases like yours are complicated and you can't handle by yourself.Good luck.

Thank you Sandra! I was considering an MTR to reopen my case so that I can ask judge to vacate the final order of removal that was entered during my removal hearing. This will allow me to adjust my status. Since there is an order of removal, I simply can't apply for AOS based upon an approved i360 once service approves that.

My question to you was " Can I file an MTR with the BIA based upon PF? ( I was reading the BIA Manuel that stated that an application of a relief can be submitted along with MTR that shows a Prima Facie eligibility for such relief) if we take that then " can we apply it to PF as a basis to Just start MTR process at BIA ? I know I need an attorney but just to know from your side.

[Sandra G. 5,047]

case2011 yes you can file an MTR using the PF but they will deny your motion and the DHS will oppose to the motion to reopen since the prima facie just show that you can file for public benefits that's it. When your Vawa is approved then you can you can file a motion to the BIA to remand for consideration of adjustment of status, there is a 1997 Uscis memorandum stating about that.

Once approved your Vawa you will contact the District Counsel office with a request establishing proof of current eligibility for adjustment,if a decision is made to join in a motion based in your eligibility to file AOS then the join motion should be to "remand" of the proceedings to the Uscis or to Terminate removal proceedings.

Disclaimer:

The information provided in this post is educational only and should not be construed as legal advice.

Edited April 13, 2013 by sandranj

[Imperium 81]

Thank you so much Sandra, your guidance is crucial to us. I will wait and see and of course give you an update on whatever comes my way.