Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Motion to Reopen Deportation Order Granted

Published: Jan 19, 2011 9:00 am

Our client is a citizen of India. In 1998, an in absentia Order of Removal deporting him to India was issued by the Immigration Court in New York City because he failed to appear at the proceeding. His United States citizen sister filed a petition for him ten years ago, which was approved, and a visa is now available to him upon vacation of the Order of Removal.  The client retained us to determine whether we could convince the Immigration Court to reopen the proceeding.

We thoroughly investigated all of the facts and circumstances involved in the matter. We determined that the old INS had misadvised the Immigration Court of our client’s address at the time, which meant that our client never received notice of the hearing. We prepared a Motion to Reopen the proceeding, which was supported by voluminous documentation.

Notwithstanding the fact that approximately thirteen years has elapsed since the date of the Order, our Motion was granted, our client may now apply for a green card and hopefully become a Lawful Permanent Resident of the United States.

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