How can I re-open an immigration case? 6 Answers as of July 04, 2013

Hello, I would like to know how to re-open a case for my fiance, who got deported. One of the DA lied to him and told him that he would get another chance in the US but 90 days later another DA told him that he would in fact be deported. He only had a misdemeanor on him and his Green Card got taken away. How are we able to re-open his case so he can become a citizen again in the US.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
If he was a citizen, then he still is a citizen. Citizens do not have green cards. What you need to do is go back to whichever attorney handled your matter and put those questions to them. Since they know the case, they should be able to guide you without issues. If he did not have an attorney, then I don't know what to tell you based upon the very little bit of information you provided. More needs to be known in order to respond. Find an attorney and let them help you with the specifics of your case. Good luck!
Answer Applies to: California
Replied: 7/21/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Re-file papers based on either you being his Fiance/spouse, provided you are a U.S. Citizen along with waivers.
Answer Applies to: Florida
Replied: 7/21/2011
The Law Offices Jonathan D Montag
The Law Offices Jonathan D Montag | Jonathan D Montag
Ordinarily, a person who is deported (except for failing to go to court) loses the ability to reopen a case from outside the U.S. particularly if it has been 90 days since the person was deported. A person can seek to come back if they are not inadmissible or if they can waive any grounds of inadmissibility and there is a means to immigrate.
Answer Applies to: California
Replied: 7/21/2011
Baughman & Wang
Baughman & Wang | Justin X. Wang
If the district attorney lied to himin order to get his guilty plea, he can file a motion with the criminal court to reopen the conviction as he was not properly advised the immigration consequences of his conviction. This will be hard to believe as the DA does not advise criminal defendants. Defense lawyers/public defenders do. The court will also advise the defendants of possible immigration consequences. Your description is not clear so I cannot tell you exactly what you should do. Please consult an immigration lawyer to determine the course of action.
Answer Applies to: California
Replied: 7/21/2011
Law Office of J Thomas Smith
Law Office of J Thomas Smith | J. Thomas Smith Ph.D.
Filing a motion to reopen no later than 90 days from the date on which the final administrative decision was rendered is necessary to reopen a case. You may base a motion to reopen removal proceedings on the fact that the person was ordered removed after a trial and since that time new evidence has become available that warrants new consideration of the alien's case. However, the fact that a DA lied does not appear to rise to the level of new evidence. However, as in all immigration matters, it is important that you consult an immigration attorney experienced in your type of case. You only get one opportunity to file a motion to reopen, so it is imperative that it is done properly.
Answer Applies to: Texas
Replied: 7/21/2011
    Law Office of Immigration & International Trade Law
    Law Office of Immigration & International Trade Law | Linda Liang
    If he has been deported back to his country, the case is permanently closed. Depending on his reason of deportation and whether he chose voluntary departure, he may be subject to immigration bar for years. It does not sound that reopen will help his case right now. You should work with a lawyer to sort things out for you.
    Answer Applies to: Florida
    Replied: 7/4/2013
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