Legal Question in Immigration Law in Georgia

Asylum

my friend filed for asylum and hi case was now with a judge. he since got married to US citizen and filed form I-485. he withdrew the asylum case and after his addjustiment of status intereview, they immigration did not deny or approve his I-485 adjustiment. yesterday ICe came by his house and arrested him since his asylum case was withdrawn it had a voluntary departure clause. How can he be released from jail to correct the confusion? The judge gave him an ok on withdrawal of assylum case.

Thanks.


Asked on 7/17/08, 2:07 pm

1 Answer from Attorneys
Marc Seguinot Seguinot & Associates, P.C.

Re: Asylum

The judge apparently granted him voluntary departure when he withdrew his asylum case. It appears that since he did not voluntarily depart, his voluntary departure order turned into a final order of removal. I presume he got married after the case was over, right? In order to avoid detention on the final order, he had to reopen the case before the immigration court. Did he not have a lawyer during this whole proceeding, starting with his asylum? Why did he withdraw his asylum case? Have your friend get a good immigration lawyer before he is immediately thrown out of the country. Have his wife call my office if she is unable to reach an attorney. Good luck to your friend.

Marc Seguinot

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Answered on 7/20/08, 10:15 pm


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