If you need the decision of any type of immigration case reopened or reconsidered, you will need to submit a Motion to Reopen to an Immigration Judge or the Board of Immigration Appeals. This motion provides you with the opportunity to present new and additional evidence that was not available at the time of your original hearing.
What Happens When USCIS Reopens Your Case?
A motion to reopen consists of a special petition which your Charlotte immigration attorney will file with the immigration court which will allow you to go back to court, hopefully, to avoid being deported. It is highly recommended in this situation that you consult with our Charlotte immigration lawyer at the Law Office of Kelli Y. Allen, PLLC. The firm is devoted exclusively to immigration law matters and Attorney Kelli Allen can provide you with thorough and capable assistance in the handling of your case.
If you have a deportation order from the past, you must consult with our attorney before going to any immigration hearing or interview. If you show up for an interview and there is an order for your deportation, you may be arrested at the immigration office and deported without having the opportunity of defending your case. Only if you file a motion to reopen will you be allowed to present your new information to the immigration court.
When Can You File a Motion with USCIS to Reopen Your Case?
A motion to reopen is normally filed within 90-days of the final removal order. The filing of the motion does not waive the removal order unless a stay is ordered by the Immigration Judge or the Board of Immigration Appeals. If you were ordered deported in absentia, meaning you were not able to attend the hearing, you may still be able to reopen your case many years later.
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