To rescind the final order, one has to get his case reopened. This is done through a Motion to Reopen filed with the Immigration Judge who gave the final order. When you have an in absentia order of removal and a Motion to Reopen based on lack of notice is filed on your behalf, your...
Also, unless USCIS directs otherwise, the filing of a motion to reopen and/or reconsider (or the filing of a subsequent application or petition) does not delay the execution of any decision in a case or extend a previously set departure date.所以即便我file了MTR,也不能让我在美国合法的停留,...
The example above would improve the likelihood of success for the motion to reopen to be granted. Motion to Reconsider – When the decision to deny or refer the case to the Immigration Court is based on a misapplication of the law. The most common example of this is fitt...
上诉,是指申请人请求上一级对否决进行审查(review the decision)。 3-PD? PD就是prosecutorial discretion 的缩写,即检控自由量裁权,或者说是移民官的驱逐自由权,也就是美国国土安全部(Department of Homeland Security)下属的移民局驱逐部门 Immigration and Customs Enforcement (ICE)手中的权力。 根据这个权力,移...