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What is a motion to reopen and why should I file it?
Motion to Reopen is a special petition filed by immigration
lawyer with the immigration court to reopen your old immigration case in order
to go back to immigration court and apply for immigration case that should make
you eligible for greencard.
If you had a recent deportation order or deportation order
from years ago but never left the U.S. (or came back to the U.S. illegally) and you
are now ready to apply for permanent residency in the U.S. based on marriage,
employment, NACARA, or another case, its important to talk to immigration
lawyer about reopening your immigration case with the immigration court that
had ordered you deported.
Its also important to reopen your case to avoid being
deported on a previous deportation order. If you had a deportation order from
the past whether you knew about it or not, you can be deported anytime without
opportunity to defend your immigration case before immigration judge.
Can I be deported if I had a deportation order from many
years ago and now I am scheduled to appear at the immigration service office
for an interview to get permanent residency based on marriage or other
immigration case?
There are many
instances when illegal immigrants had deportation order and went to the
interview to 300 N Los Angeles immigration service office to get permanent residency in the U.S. and
never came back home from the interview because they were arrested by deportation
officers inside the building and were deported without a hearing with
immigration judge on a previous deportation order.
If these people
reopened their case before the interview with the immigration officer, they
would have had a chance to fight for residency in the U.S. in the
immigration court, but they never bothered to reopen their case and as a result
got deported.
WARNING: IF YOU'VE BEEN IN THE U.S. ILLEGALLY
FOR SOME TIME AND YOU ARE NOW SCHEDULED FOR AN INTERVIEW WITH THE IMMIGRATION
SERVICE TO GET PERMANENT RESIDENCY, WORK PERMIT OR ANY OTHER BENEFIT, CONTACT
IMMIGRATION ATTORNEY TO CHECK IF YOU HAD A DEPORTATION ORDER FROM THE PAST
IF YOU ALREADY KNOW
THAT YOU HAVE DEPORTATION ORDER DO NOT GO TO THE INTERVIEW WITHOUT FIRST
TALKING TO AN IMMIGRATION LAWYER BECAUSE MOST LIKELY YOU WILL BE ARRESTED AT
THE INTERVIEW AND DEPORTED
IF YOU DON'T KNOW WHETHER YOU HAVE A DEPORTATION ORDER FROM
THE PAST , FEEL FREE TO CALL Los Angeles Immigration
Lawyer Dmitry Paniotto AT 213-637-5623 , make an appointment for the FIRST
FREE CONSULTATION and WE WILL CHECK FOR YOU IF YOU HAD A DEPORTATION ORDER FROM
BEFORE AND ADVISE YOU WHAT TO DO.
How can immigration lawyer reopen my old immigration
court case?
In order to reopen your old immigration case after a
deportation or removal order, immigration
attorneys file Motions to Reopen with the same immigration court where you had
your last hearing before immigration judge who ordered you deported.
Motion to Reopen should normally be filed soon after you had
your last hearing with the immigration judge, but if you were ordered deported
in absentia (when you missed your immigration court hearing) and you have a
good excuse why you did not come to immigration court your old case can be
reopened even many years after you got your deportation order. Another good reason to reopen your case is if
you have some new circumstances with your case or if you were ordered deported
because an immigration lawyer who was
representing you in your old case or someone else who was helping you with your
immigration case made very serious mistakes in your immigration case.
What if my relative/friend is now being deported based on
the old deportation order - can I do anything to stop deportation now?
Only filing a MOTION TO REOPEN together with a petition for
Stay of Removal may stop immediate deportation , if Stay of Removal is approved
by the judge of Board of Immigration Appeals.
If someone you know has recently been detained and is being deported on
a previous deportation order please call Los Angeles Immigration lawyer Dmitry
Paniotto at 213-637-5623 or cell phone 213-820-0434 to schedule an appointment
to discuss possible filing of an emergency motion to reopen with an emergency
stay of removal
When should I file
a Motion to Reopen?
If you are married with a U.S. citizen or permanent resident
, if you are eligible for Nacara or employment based residency, if you have
some new circumstances affecting your immigration case and those circumstances
did not exist when you were ordered deported it may make sense to reopen your
case with immigration court.
If Immigration judge will see that you have good chances to
win your immigration case if it is reopened , there will be a higher chance
that immigration judge will reopen the case.
Feel free to contact our immigration law office to discuss
your particular case - make an appointment by calling 213-637-5623
What if I was ordered deported when I was not present in
court?
One of the best reasons to reopen your immigration case is
to show that you did not have notice about the court hearing for a good reason
and so could not be present in immigration court at your hearing. It is not enough to say that you did not
receive a notice to go to immigration court because you changed your address -
you had responsibility to notify immigration service about your change of
address and if you did not - that's your fault and that is not a good excuse
for your failure to appear in court.
To discuss your personal reasons for reopening your old
immigration case and your specific circumstances of how and why you were
ordered deported, please call Los
Angeles immigration lawyer Dmitry Paniotto at
213-637-5623 for a first free consultation.
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