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furke
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Posted on 01-10-16 2:20
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Can someone who is currently in removal proceedings and been granted TPS; travel and come back on Advance Parole? Can you please suggest? Background: The person came as F-1 in 2009, became out of status in 2012, no criminal records or DUIs, no unauthorized work, never filed for asylum or any immigration benefits. The school reported to immigration and the immigration sent Notice to Appear. Currently given master calendar hearing for Dec 2016.
Can anybody who has knowledge on these issues please comment. Also seeking Attorney Bandita Dahal's and other Nepalese attorney's advice.
Last edited: 10-Jan-16 02:27 AM
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furke
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Posted on 01-10-16 1:56
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My lawyer is incompetent. She says I will face 10 year bar. Need to confront with the board's decision.
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furke
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Posted on 01-10-16 2:01
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Why was your asylum denied if you dont mind me asking?
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teroobaau
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Posted on 01-10-16 2:03
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Facts not consistent with the story and documents... Grilled me for 3 hours with all the unexpected questions outside of the applications... And they took my 2 interviews... Not just one.... Faack my luck
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teroobaau
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Posted on 01-10-16 2:06
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Ask bandita ji.... I will ask chettry asscuates... My kawyers.... If needed i am planning to apply for voluntary departure
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furke
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Posted on 01-10-16 2:28
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I will ask another attorney in my area, this time more experienced and will let you know.
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teroobaau
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Posted on 01-10-16 2:37
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I found this link..and it states if you are in removal proceedings..you will need to administratively close the case before leaving country in advance parole http://www.smartimmigrationlawyer.com/tps-advance-parole-adjustment-arrabally/
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furke
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Posted on 01-10-16 3:53
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Thanks for the link. This clearly states my ability to travel.
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teroobaau
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Posted on 01-10-16 5:21
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If you are not in removal proceedings in IMmigration court you can travel.
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teroobaau
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Posted on 01-10-16 7:50
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You said you are in master calander hearing.... That means you are before immogration judge and in removal proceeding
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furke
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Posted on 01-10-16 10:12
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yes, I am in removal proceedings. But when the case is administratively closed, will I still be considered to be in removal proceedings?
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teroobaau
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Posted on 01-10-16 10:32
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Nope if it is closed...have you done that already? Did you do it at immi court? If yes can u tell me the pricedure or time it took? Or are you planning to do tgat in master hearing?
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furke
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Posted on 01-10-16 10:52
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I haven't done it yet. But, am gonna do it soon. Process: Your lawyer will contact the Trial Attorney (government attorney) to reach agreement for closing and write a joint motion to administratively close the proceedings. My lawyer charges $200 for that. The trial attorney agrees to administratively close the proceedings if you don't have a criminal record. You don't even have to have TPS granted. Since Nov 2014, Obama instructed DHS secretary to use their discretion and close the cases with no crime record who is the lowest priority if the applicant agrees to do so. This decision was made to better utilize the limited DHS resources. Remember, once the NTA has been filed with EOIR (court), only the judge can close the case, and your fingerprints should be valid (taken within the last 15 months) at the time of the motion. The joint motion will be granted by the judge and the case becomes administratively closed meaning it gets removed from the IJ's active calendar. At any time, you or the Trial attorney can file motion to reopen the case. You may reopen the case if you become eligible any immigration benefit in the future, and adjust your status with the IJ.
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furke
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Posted on 01-10-16 10:53
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Generally, the motion will be decided within 15 days. But it is recommended to file at least 30 days in advance.
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teroobaau
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Posted on 01-11-16 1:02
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If i administratively withdraw case withiut approved TPS , wont i be deported?
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furke
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Posted on 01-11-16 2:34
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No, you won't be deported if you administratively close the case, with or without TPS. TPS is a basis that you state as the reason why you are seeking administrative closure. You can send I-797C notice along with the motion to make the process smooth, if you don't have the approval letter yet.
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furke
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Posted on 01-11-16 2:35
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Even if someone has been ordered deported by the IJ, he/she can reopen the case and close the case which will eliminate the previous deportation order.
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fdpower
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Posted on 01-11-16 9:51
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Interesting thread. But you should be fine travelling on AP I think.
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teroobaau
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Posted on 02-05-16 1:35
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furke can you im me your contact info?
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furke
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Posted on 02-06-16 10:26
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Shoot me a text at 661-422-5511
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showcasebox
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Posted on 09-03-17 6:20
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Hello, Can you please let us know how your travel on TPS Advance Parole, IJ case pending go ? Where did you travel to ?
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