Asian Journal- The Filipino-American Community Newspaper

THE Executive Office of Immigration Review (EOIR) issued a new rule about voluntary departure relief in immigration court. The new rule will allow immigrants to file motion to reopen and reconsider after a persons removal proceeding has ended in immigration court. The significance of the new rule is that if a person has found a new relief such as adjustment of status ( by marriage to a US citizen or preference visa petition becoming current) after the end of the removal hearing he still has the opportunity seek such relief by filing a motion to reopen or reconsider.

Answer: Voluntary departure is a form of relief that allows the alien in removal proceedings to depart the United States voluntarily thereby his immigration record will not show a removal order and will allow the alien to return to the United States if he is not subject to the 3 or 10 year bar.

Answer: The new rule specifies the following:

That voluntary departure terminates upon filing of a motion to reopen or reconsider in immigration court or the Board of Immigration Appeals (BIA). Filing a motion automatically terminates the grant of voluntary departure and the alternate order of removal takes effect. As a result the person is not subject to the consequences of overstaying the voluntary departure period.

That voluntary departure terminates automatically upon filing of petition for review with the US court of appeals.

Mandates that immigration judges to provide notice of the bond requirements before a person decides whether to accept voluntary departure.

Requires individuals with voluntary departure who seek administrative review of the removal order to provide proof of posting the voluntary departure bond.

Answer: This rule is effective January 20, 2009. It only applies prospectively. In addition it does not apply to motions pending on the effective date.

Note: This is not a legal advice.

Filing under the new late amnesty settlement starts on February 1, 2009 and ends on January 31, 2010. The requirements are: (a) the applicant came to the United States on a valid visa before 1982 and fell out of legal status between 1982 to 1988. (b) The violation of status must be known to the government. (c) They must have resided continuously in the United States from before 1982 to 1988. Some denied amnesty applicants may file again this time if (a) their application has not been adjudicated or (b) their Temporary Resident Status has been proposed for termination or (c) their applications were denied because the government believed that they failed to meet the requirement that their unlawful presence was continuous.

We again have successfully obtained a waiver of fraud or misrepresentation in Immigration Court for a green card holder who entered as single but is actually married. The green card holder who has been in the United States for 17 years has a mother who is a US citizen.

Green cards without expiration date should be renewed. They have the alternative of applying for naturalization. Please call our office for questions about renewing green cards.

Waiver for misrepresentation at the time of entry (entered as single but is actually married) may be waived if you have a parent, spouse, son or daughter who is a US citizen or lawful permanent resident. Once approved you may be eligible for naturalization. You should apply now before your personal situation or the law is changed.

Denied adjustment of status and Naturalization applications are now being sent to the Immigration Court.

Income tax filing is required in the proposed legalization. Individual Tax Identification Number (ITIN) can be used for filing tax returns and is required before bank accounts can be opened. Our office assists clients in obtaining ITIN.

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Crispin Caday Lozano is an active member of the State Bar of California and he specializes in immigration law. He earned his Juris Doctor at Western State University in Fullerton, California. His offices are located at 17057 Bellflower Blvd. Suite 205, Bellflower, CA 90706 and 1290 B Street, Suite 205, Hayward, California 94541 and at 777 N. First St., Suite 333, San Jose, CA 95112. You can contact him at telephone (562) 461-1355 and (510) 538-7188.

( www.asianjournal.com )

( Published on January 7, 2008 in Asian Journal Los Angeles p. B3 )