Law Los Angeles

Motion to Reopen

What is a motion to reopen and why should I file it?
 

Motion to Reopen is a special petition filed by immigration lawyer with the immigration court to reopen your old immigration case in order to go back to immigration court and apply for immigration case that should make you eligible for greencard

If you had a recent deportation order or deportation order from years ago but never left the U.S.  (or came back to the U.S. without documents) and you are now ready to apply for permanent residency in the U.S. based on marriage, employment, NACARA, or another case, its important to talk to immigration lawyer about reopening your immigration case with the immigration court that had ordered you deported. 

Its also important to reopen your case to avoid being deported on a previous deportation order. If you had a deportation order from the past whether you knew about it or not, you can be deported anytime without opportunity to defend your immigration case before immigration judge.  

Can I be deported if I had a deportation order from many years ago and now I am scheduled to appear at the immigration service office for an interview to get permanent residency based on marriage or other immigration case? 

There are many instances when undocumented immigrants had deportation order and went to the interview to 300 N Los Angeles immigration service office  to get permanent residency in the U.S. and never came back home from the interview because they were arrested by deportation officers inside the building and were deported without a hearing with immigration judge on a previous deportation order. 

If these people reopened their case before the interview with the immigration officer, they would have had a chance to fight for residency in the U.S. in the immigration court, but they never bothered to reopen their case and as a result got deported.
 

WARNING:  IF YOU'VE BEEN IN THE U.S. WITHOUT DOCUMENTS FOR SOME TIME AND YOU ARE NOW SCHEDULED FOR AN INTERVIEW WITH THE IMMIGRATION SERVICE TO GET PERMANENT RESIDENCY, WORK PERMIT OR ANY OTHER BENEFIT, CONTACT IMMIGRATION ATTORNEY TO CHECK IF YOU HAD A DEPORTATION ORDER FROM THE PAST 

IF YOU ALREADY KNOW THAT YOU HAVE DEPORTATION ORDER DO NOT GO TO THE INTERVIEW WITHOUT FIRST TALKING TO AN IMMIGRATION LAWYER BECAUSE MOST LIKELY YOU WILL BE ARRESTED AT THE INTERVIEW AND DEPORTED 

IF YOU DON'T KNOW WHETHER YOU HAVE A DEPORTATION ORDER FROM THE PAST , FEEL FREE TO CALL Los Angeles Immigration Lawyer Dmitry Paniotto AT (213)534-1827 , make an appointment for the FIRST FREE CONSULTATION and WE WILL CHECK FOR YOU IF YOU HAD A DEPORTATION ORDER FROM BEFORE AND ADVISE YOU WHAT TO DO. 

How can immigration lawyer reopen my old immigration court case? 

In order to reopen your old immigration case after a deportation or removal order,  immigration attorneys file Motions to Reopen with the same immigration court where you had your last hearing before immigration judge who ordered you deported.

Motion to Reopen should normally be filed soon after you had your last hearing with the immigration judge, but if you were ordered deported in absentia (when you missed your immigration court hearing) and you have a good excuse why you did not come to immigration court your old case can be reopened even many years after you got your deportation order.  Another good reason to reopen your case is if you have some new circumstances with your case or if you were ordered deported because an immigration  lawyer who was representing you in your old case or someone else who was helping you with your immigration case made very serious mistakes in your immigration case. 

What if my relative/friend is now being deported based on the old deportation order - can I do anything to stop deportation now? 

Only filing a MOTION TO REOPEN together with a petition for Stay of Removal may stop immediate deportation , if Stay of Removal is approved by the judge of Board of Immigration Appeals.  If someone you know has recently been detained and is being deported on a previous deportation order please call Los Angeles Immigration lawyer Dmitry Paniotto at (213)534-1827 or cell phone 213-820-0434 to schedule an appointment to discuss possible filing of an emergency motion to reopen with an emergency stay of removal 

When should I  file a Motion to Reopen? 

If you are married with a U.S. citizen or permanent resident , if you are eligible for Nacara or employment based residency, if you have some new circumstances affecting your immigration case and those circumstances did not exist when you were ordered deported it may make sense to reopen your case with immigration court.

If Immigration judge will see that you have good chances to win your immigration case if it is reopened , there will be a higher chance that immigration judge will reopen the case.

Feel free to contact our immigration law office to discuss your particular case - make an appointment by calling (213)534-1827 

What if I was ordered deported when I was not present in court? 

One of the best reasons to reopen your immigration case is to show that you did not have notice about the court hearing for a good reason and so could not be present in immigration court at your hearing.  It is not enough to say that you did not receive a notice to go to immigration court because you changed your address - you had responsibility to notify immigration service about your change of address and if you did not - that's your fault and that is not a good excuse for your failure to appear in court. 

To discuss your personal reasons for reopening your old immigration case and your specific circumstances of how and why you were ordered deported, please call Los Angeles immigration lawyer Dmitry Paniotto at (213)534-1827 for a first free consultation.

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