Legal Question in Immigration Law in California

I am in removal status by immgration judge because I hadn't lived in the US for the required amout of time after I got my green card in 2000. I am now waiting for the ruling of the appeal court. Meanwhile I applied for new green card through my US citizen daughter 18 monthes ago when my case hearing started at the immigration court but the immgration office stopped processing my application because of my case at the immigration court . Can I ask for a writ of mandamus to order the immigration office to issue my new green card regardless of Board of Immigration Appeals's ruling. .


Asked on 11/26/09, 10:17 pm

1 Answer from Attorneys

Luba Smal Smal Immigration Law Office

No, you can't.

The main question that you avoided in your post is WHY you are in removal proceedings in Immigration Court (if you have been a permanent resident since 2000)? What happend? What crimes you were convicted for (if this is related to a crime as a ground for deportation/removal)?

I understand that Judge ruled that you are not eligible for cancellation of removal as LPR.

If you are in removal as "aggravated felon", then you will not be eligible for a green card through any other relative (daughter, spouse or otherwise) and could be permanently inadmissible to USA after deportation.

If you don't have any attorney, it's time to hire or consult a lawyer specializing in Removal Defense now.

Note: The above response is provided for legal information purposes only and should not be considered as legal advice. This response doesn�t create an attorney-client relationship, which can only be established through payment of a fee. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details. Our contact email address is Attorney [@] law-visa-USA.com

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Answered on 12/03/09, 6:18 pm


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