Legal Question in Immigration Law in Georgia
My spouse have a final order of removal, all avenues have been exhausted. The only thing he has left is to request a joint motion based favorable exercise of discretion based on his eligibility of adjustment of status through his marriage to LPR, his US citizen children and change country condition. Who should we file this joint motion to reopen to, the DHS or the Judge? What are his chances of this type of motion being granted.
4 Answers from Attorneys
You file a joint motion with DHS. You can also file a sua sponte.
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Caro Kinsella-Immigration Attorney
You really should consult with an immigration attorney about the specifics of your case. For a free consultation, please call my office at 904-371-3538 or email me at [email protected].
Your issue is far beyond something to be handled by getting advice on the internet, and a lawyer should have been involved long ago. You also need a lawyer in your area, where you can sit down in front of them to discuss the case. Your ZIP is in the Atlanta area, and certainly competent and qualified lawyers would not advise you to seek a lawyer in other states for a case that will likely be handled in Atlanta. Makes some calls immediately to set up appointments.
Hello:
It is highly unlikely for USCIS to be agreeable to join in this motion. There are ways and petitions to be filed to bring him back if done properly. Usually, the Consulate Processing, Waiver of the 10 year bar, and Permission to Reapply for Admission to the U.S. can all be done to ultimately bring your husband back. Please contact me if you need help.
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