In-Absentia Removal Order Re-Opened and Removal Proceedings Terminated
Our firm provided immigration representation to an individual who had originally entered the United States using a visitor visa. He overstayed his visa and was placed into removal proceedings but he had no knowledge of the removal proceedings as the Notice to Appear was mailed to an incorrect address. Our client was deported in absentia but did not know it. He eventually married a US Citizen and applied for a green card without attorney representation. At his green card interview he was detained by Immigration and Customs Enforcement and taken to prison. Our client’s wife contacted us and we filed a Motion to Reopen the in absentia order which provided an automatic stay of our client’s removal. Based upon significant legal research about the improper procedure followed by the Department of Homeland Security in issuing our client a Notice to Appear to an incorrect address, the Immigration Judge reopened our client’s deportation order.they were issued in absentia. He never received a Notice to Appear. Therefore, our client’s spouse only found out about his removal proceedings when he received a notice of denial for Form I-485 Application to Register Permanent Residence or Adjust Status and Form I-130 Petition for Alien Relative that his wife had previously filed for him. Our firm then prepared and filed a new Form I-130, and a detailed Evidence Package that included documents establishing the bona fides of the marriage. At the immigration hearing, the judge terminated the removal proceedings to allow our client to apply to adjust status of permanent resident directly with USCIS. Our client recently received his green card.