jimfank
Oct 22, 2013, 02:42 AM
Situation:
One is currently placed on parole until 7/2014 pending court hearing. Subject has been placed on removal proceedings since 7/2012 (purpose stated on temporary card and blue stamp in passport: I-862, INA 240).
Timeline and important dates:
COA: If1
11/2007 petition filed for green card through marriage to US Citizen.
12/2007 1st misdemeanor offense occurred (no contest).
6/2008 conditional green card was awarded.
5/2010 adjustment of status filed (I-751).
7/2010 permanent card received.
10/2011 2nd misdemeanor (same offense) occurred (no contest).
7/2012 upon re-entry green card was taken away, and subject was placed in removal proceedings, and paroled until 7/2013 pending court hearing.
7/2013 no court date set yet, parole status renewed until 7/2014.
Questions:
Will the subject be able to leave the US without jeopardizing his/her current immigration status/matter?
Will the subject be able to return to a court hearing or could such departure be viewed as abandonment and her court case not scheduled at all?
Will the subject be able to reenter and if so, must it be for a court hearing only or will it be possible for any reason?
Can the particular criminal matter be considered an automatic inadmissibility?
In other words, once the subject leaves, can he/she be automatically prohibited from entering the US in the future?
Would the removal be effective immediately and automatically if the subject left on his/her own (i.e. leaving not pursuant to a court order but leaving the US nonetheless, for leisure travel with the intent to return, effectively “removing self”) or is a court order required to actually effectuate his/her removal and lose his/her permanent resident status?
One is currently placed on parole until 7/2014 pending court hearing. Subject has been placed on removal proceedings since 7/2012 (purpose stated on temporary card and blue stamp in passport: I-862, INA 240).
Timeline and important dates:
COA: If1
11/2007 petition filed for green card through marriage to US Citizen.
12/2007 1st misdemeanor offense occurred (no contest).
6/2008 conditional green card was awarded.
5/2010 adjustment of status filed (I-751).
7/2010 permanent card received.
10/2011 2nd misdemeanor (same offense) occurred (no contest).
7/2012 upon re-entry green card was taken away, and subject was placed in removal proceedings, and paroled until 7/2013 pending court hearing.
7/2013 no court date set yet, parole status renewed until 7/2014.
Questions:
Will the subject be able to leave the US without jeopardizing his/her current immigration status/matter?
Will the subject be able to return to a court hearing or could such departure be viewed as abandonment and her court case not scheduled at all?
Will the subject be able to reenter and if so, must it be for a court hearing only or will it be possible for any reason?
Can the particular criminal matter be considered an automatic inadmissibility?
In other words, once the subject leaves, can he/she be automatically prohibited from entering the US in the future?
Would the removal be effective immediately and automatically if the subject left on his/her own (i.e. leaving not pursuant to a court order but leaving the US nonetheless, for leisure travel with the intent to return, effectively “removing self”) or is a court order required to actually effectuate his/her removal and lose his/her permanent resident status?