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Posted Jan 2nd, 2012
How can I go in front of an immigration judge to be removed from removal before my scheduled court
date?

Additional Details:
I have been in removal proceedings for the last few years because my attorney kept pushing my court
date back but now a few months ago my husband filled an I-130 petition for me and it was approved a
few days ago. My court date to appear in front of an immigration judge for my removal case is not
until July 9, 2012 is there anyway I can try to go in front of a judge before then?
Legal Topic Area: Immigration in VA

Thank you for your message. If you are eligible to adjust your status in the U.S. and a visa is currently available to you, then your attorney could ask the government to terminate your case so that USCIS can adjudicate your adjustment application. If your husband is a U.S. citizen and you last entered the U.S. legally, then you most likely are eligible to adjust your status without leaving the U.S. Every court handles these cases differently, but in general you would need to file your adjustment application with the court and then request termination.

If you last entered the U.S. illegally or your spouse is a legal resident, then you will need to travel to your home country to get your green card. In that case, the court will grant you voluntary departure so that you can leave the U.S. without a deportation on your record.

Without knowing all of the facts of your case, it is possible that you have other grounds of inadmissibility which would prevent you from getting a green card. I urge you to discuss this matter with your attorney. If you are not satisfied with your attorney's response, then you can seek a second opinion from another attorney.

Good luck,

Mark


Answered on Jan 3rd, 2012 at 10:28am