Legal Question in Immigration Law in Texas
Stop deportation after not going to the hearing 12 years ago
Is it possible to stop deportation when you already have a deportation order and didn't go to the hearing? The detainee missed his hearing over 10 years ago(1990). I've read a little about a 10 year limitation. Please help.
2 Answers from Attorneys
Re: Stop deportation after not going to the hearing 12 years ago
First, go to the new Bureau of Citizenship and Immigration Services (formerly INS) site, located at www. bcis. gov (remove spaces in URL) and spend some time looking at the various programs profiled there.
Really, the only thing s/he can do at this point is find a really good immigration lawyer, b/c excuses for that sort of immigration violation will be thin on the ground. It depends upon your country of origin, but I suspect you're looking at deportation,--or worse incarceration without resort to a lawyer. That's why you need to get a lawyer first, to see what's possible.
Tell the person to get a lawyer right away who knows her stuff and try not to get arrested.
Re: Stop deportation after not going to the hearing 12 years ago
Since he got deported in absentia...if a petition for motion to re-open is made...90% chance it will be granted. In the meantime..you have to see whether alien is eligible for other relief. He can get married to US citizen..among other things. It will be complicated case but things can be done. After the case is re-opened..he has to show..what relief he is elgible for. Did he file any petition at all under 245 (i)?
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